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Website Terms of Use: What They Are & How to Add Them

Written by SMVRT Legal | Oct 21, 2025 3:25:39 PM

Website Terms of Use: What They Are & How to Add Them

“Website Terms of Use” set the rules for how people can access and behave on your site. They protect your business, your content, and your users—whether you sell online or just publish information. This guide explains what to include, when you need them, and the fastest way to add them to your website.

TL;DR: Your Terms of Use are your site’s legal “house rules.” They give you the right to control access, protect your content, and act quickly if someone misuses your platform.

Quick Overview

Terms of Use govern access and behavior on your site (permitted use, prohibited conduct, IP, account rules, termination). Terms & Conditions often include these same rules plus commercial terms (payments, refunds). Many SMBs combine them on one page. The key is to cover the bases and make your policy easy to find.

Think of Terms of Use as your enforceable ground rules: you set expectations up front, so you can step in with confidence if lines are crossed.

What Are Website Terms of Use?

Website Terms of Use are a public-facing agreement that sets the ground rules for visiting and using your site. They explain what visitors can and can’t do, how your content is protected, and when you can suspend or terminate access.

  • Primary function: govern access and behavior on your site or app.
  • Applies to: blogs, marketing sites, SaaS products, communities, ecommerce, and any site with content you want to protect.
  • Where they live: typically linked in the site footer, sign-up flow, or checkout.

Terms of Use vs. Terms & Conditions: What’s the Difference?

In practice, many websites use these labels interchangeably. Technically, “Terms & Conditions” can include broader commercial terms, while “Terms of Use” focuses on access and behavior. You can combine both into a single page if that fits your business.

Topic Terms of Use Terms & Conditions
Core purpose Access and behavior rules Access rules + commercial terms
Typical content Permitted/prohibited uses, IP, account rules, termination All of the left column plus pricing, refunds, warranties, liability
When to combine Most SMBs combine into one page for simplicity and clarity

For the broader treatment and internal linking, see our pillar: Terms & Conditions.

Bottom line: combine if it keeps things clearer for users; just make sure all bases are covered.

When Do You Need Website Terms of Use?

  • Blogs and content sites: protect your content from unauthorized copying and scraping.
  • SaaS or account-based platforms: set account rules, usage limits, API limits, and suspension rights.
  • Any site collecting data: reference your Privacy Policy, cookies, and security expectations.
  • Communities or UGC: set posting rules, moderation powers, and takedown process.
  • AI tools or forms: clarify acceptable use, output ownership, and rate limits.
  • Ecommerce: pair with Terms & Conditions for payment, shipping, and refund terms.

If you interact with users or publish original content, you need Terms. It’s that simple.

What to Include in Website Terms of Use (Checklist)

Cover these core sections to reduce risk and set expectations:

  1. Permitted & Prohibited Uses: no unlawful activity, no scraping, no interference, no reverse engineering.
  2. Intellectual Property: ownership of site content, trademarks, and licensed materials.
  3. User Accounts: registration accuracy, security of credentials, suspension/termination triggers.
  4. Content Standards & UGC: user postings must be lawful; your right to moderate or remove.
  5. Third-Party Links & Tools: disclaim responsibility for external sites and embedded tools.
  6. Disclaimers: “as is/as available,” no guarantees of accuracy or uptime.
  7. Limitation of Liability: cap and exclude certain damages to the extent permitted by law.
  8. Governing Law & Disputes: venue, arbitration/mediation if used, class-action waiver where lawful.
  9. Privacy & Cookies: link to your Privacy Policy and cookie practices.
  10. Changes to the Terms: how you’ll notify users; effective date/versioning.
  11. Contact Information: a practical email or form for questions or reports.

Clarity beats length. If users can’t understand the rules, they can’t follow them—and you can’t enforce them.

Legal Risks of Not Having Terms of Use

  • Weak IP protection: harder to enforce against copying, scraping, and misuse.
  • Limited moderation authority: fewer grounds to suspend abusive users.
  • Higher liability exposure: no disclaimers or damage caps where allowed.
  • Messy dispute handling: no governing law, venue, or process to resolve issues.

Without Terms, your leverage is limited—even when someone is clearly abusing access.

Real-World Scenarios

  • Blogger’s content reposted: Terms clarify ownership and permit takedown requests.
  • SaaS account abuse: Terms define prohibited use and allow rapid suspension.
  • Scraping & automated access: Terms restrict scraping and outline technical protections.

Mini-Template (Starter Language)

For educational purposes only. This is not legal advice. Use a lawyer-drafted template for production.

Website Terms of Use (Excerpt)

1) Permitted Use
You may access and use the Site only for lawful purposes and in accordance with these Terms. You agree not to: (a) copy, distribute, or modify content without authorization; (b) access the Site using automated means except as expressly permitted; (c) interfere with or disrupt the Site’s operation; or (d) use the Site in violation of applicable law.

2) Intellectual Property
All content on the Site, including text, graphics, logos, and software, is owned by us or our licensors and is protected by intellectual property laws. Except as expressly permitted, no license to reproduce or create derivative works is granted.

3) Accounts and Security
If you create an account, you must provide accurate information and maintain the confidentiality of your credentials. We may suspend or terminate your account for violation of these Terms or suspected misuse.

4) Disclaimers and Liability
The Site is provided “as is” and “as available.” To the fullest extent permitted by law, we disclaim all warranties and limit our liability for indirect, incidental, or consequential damages.

5) Governing Law
These Terms are governed by the laws of the state specified in our Terms & Conditions, without regard to conflict of law rules.
    

How to Add Website Terms of Use to Your Site (Embed or Link)

Where to Place Your Terms

  • Footer link: the universal standard—visible across all pages.
  • Sign-up or checkout: pair with a checkbox (“I agree…”) for clickwrap acceptance.
  • In-app modal or settings: helpful for account-based products.

Browsewrap vs. Clickwrap (Why It Matters)

  • Browsewrap: passive link in the footer; lower assurance that users actually agreed.
  • Clickwrap: explicit “I agree” checkbox; generally stronger proof of assent.

Fastest Path: Use an Embed-Ready Generator

SMVRT Legal can generate Website Terms of Use and provide embed code or a hosted link so you can add them in minutes—no formatting or PDF uploads. Pair with our Terms & Conditions and Privacy Policy for full coverage.

Clickwrap wins when you need clear proof of assent. Use it anywhere accounts, purchases, or submissions happen.

Maintenance & Best Practices

  • Versioning: keep an effective date and maintain a change log.
  • Consistency: ensure links and definitions match your Privacy Policy and product UI.
  • Accessibility: make the page readable (semantic headings, adequate contrast, mobile-friendly).
  • Review cadence: revisit quarterly or when launching new features, regions, or data uses.

FAQs

Are Website Terms of Use legally required?

They’re not always legally mandated, but they’re strongly recommended. They reduce risk, clarify rights, and improve your position in disputes. If you collect personal data, you’ll also need a Privacy Policy.

Can I combine Terms of Use and Terms & Conditions?

Yes. Many SMBs publish one combined page covering access rules (Terms of Use) and commercial terms (Terms & Conditions). The label matters less than the coverage and clarity.

Do I need a lawyer to write Terms of Use?

A lawyer-drafted template is a smart starting point. For regulated industries or higher risk profiles, have counsel review the disclaimers, limitation of liability, and jurisdiction clauses.

Can I copy Terms of Use from another website?

Copy-pasting can create gaps or misrepresentations. Use a reputable template and customize to your features, data practices, and jurisdiction.

Related Policies & Guides

Create & Embed Your Website Terms of Use

Generate lawyer-drafted Terms of Use with SMVRT Legal. Customize online, track versions, and embed or link in minutes—no formatting hassles.

  • Create: answer a few questions to tailor the policy to your site.
  • Publish: copy a secure link or embed block to your footer and sign-up flow.
  • Done: Your business is legally protected and your site now has enforceable rules for visitors.

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