How to write TOS?

B

bandboy

New member
Before anyone jumps on replying "hire a lawyer', i wanna say that i need TOS written for bunch of my sites and lawyer fee are just too much.

So, is there a way to write TOS yourself and implement same without getting burnt out or how to go about writing TOS?

Does anyone know of online resources for this or may be some law agency with reasonable pricing?

Also are TOS copyrighted or they can be used by other sites since it is a legal language?
 
You can write it yourself, then have a lawyer proofread it for accuracy / coverage.

There are places on the web where you can buy boilerplate contracts - but, just like writing your own, be careful that you fully understand what your own particular TOS needs to cover, and that it's in there.

A few years ago I wrote an article for PingZine about this exact issue. I'll go see if I can dig up my original Word file...
 
I think depending on HOW many sites you have, it may be better to pay a lawyer. If your running something VERY serious like a hosting biz, I'd reccommend a lawyer. Just because WHEN legal actions are taken place, you don't want to deal with hassles.

If it's something small like a forum that's in low stages, I would go with Lesli's idea and write it myself. I'm sure some local lawyers shouldn't be that expensive, especially to write up a TOS agreement.
 
Having written most of my contracts myself (you get better at it as you go), there is not need to really contract a lawyer, unless a lot is at stake.

I also believe any legal contract cannot be copyright protected, so you are free to pick the one from a reseller or another company and modify it as per your needs.

Best,
 
http://www.hostlegal.com can be a starting point in writing your TOS (if this is for a hosting business).

Do make sure your TOS contains all the limitations that your provider's TOS contains. BTW, most providers should agree to you using their agreement pages as a starting point for your own TOS.
 
This is great info. I'll kenly wait to read lesli's article.

If anyone has more info or resource keep them flowing.
 
Okay, I found the article text. It's fairly long, though. Mods, is it okay if I post the whole thing here? (And yes, I retain full copyrights - it just can't be redistributed by anyone but me without full attribution, including notice of original publication in PingZine.)
 
Ok, I do NOT advocate plagiarism, but within the law and spirit of plagiarism you can fashion up a pretty good TOS.
Some things to keep in mind are:
Find a large company that are operating in the same province/state you are in.
Look at their TOS. Emulate it but as a business you should of course have your own qualifications.
Make sure your TOS correlates with the company you lease your server from or correlates with the host you choose to be a reseller with.

There is little variation in laws in North America. Some hosts and service providers will add clauses though, especially when dealing with issues such as adult content.
You need to make sure your TOS does not conflict anywhere down the line with any of your providers.

If you are a reseller, some hosts will allow you to use their TOS verbatim so it never hurts to ask.
 
Just do a search on Google, you'll find plenty of sites that sell you the TOS. All you have to do is insert your company names. If you're using a reseller account then ask you host if you can use theirs.
 
I think you shouldn't copy the TOS of others. On doing so you are at the verge of doing mistakes anywhere in the middle. All of us are good in English. Take a format from any of the sites and spend a week for your business important part. We spend most of our time in building our business. On writing a TOS, think as if you are selfish and be on the safer side. Never use the words "Promise", "Gurantee", etc.., these can get you in trouble at any time.
 
I think it's better to get it done through a competent lawyer those dealing with international law as a single word mistake can put you in trouble.
 
I have to go against the wishes of the original poster here because I find that my advice directly contradicts their standpoint and I genuinely wish to help.

Hire a lawyer.

If you want to lighten the effect, here's what you can do.

Shop around. Let them know that you are looking for a bulk rate and that you are willing to write up your own version for them to proof as well as provide them with any details they need about your operations to ensure that all operations are covered.

Go with whoever has a reasonable price and is well-used in the community.

Then, just as you would write up a business plan for an investor, detail thoroughly how each business is to operate. Detail any and every way that a customer can possibly interact, but condense for easily-read clarity as much as humanly possible.

Not only will your attorney appreciate any effort you put in to save them time in the form of a cheaper rate, but you can them adjust your-write up and actually approach an investor if you have any upgrades you would like to get into.
 
This will contradict many ideas and suggestions and bring up some fumes ..but COPY someone else's and then read through it a few times, make changes as per your company terms (or the way you want to setup your company laws and rules and regulations). Its the best starting point..then as you decide you want other changes do the same. Many sites use a standard format for their TOS / privacy policy ,etc with some minor or major changes ....you could do the same as a "starting" point and a "low cost" one as well.
 
Well, you could make your own, and look at other peopples TOS to get an idea of what is needed and what is not.
 
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