A web site should
contain, in a prominent location, a hyperlink to the
Terms of Use, to which a user must agree in order to
gain access to or use the site. The agreement
should give users notice that the web site content is
protected by intellectual property law, and should set
forth the user’s rights, if any, to copy, store or
modify the materials. In addition, the agreement
should prohibit users from publishing materials which
are unlawful, including, for instance, materials which
are obscene, pornographic, defamatory, harassing,
threatening or abusive to others. |
Liability, and
allocation of liability, should also be addressed.
Typically, web site operators will seek to broadly
disclaim liability, damages or injuries arising from a
party’s use of the web site and disclaim the
accuracy and completeness of content. |