This legal document contains legal terms for the use of the website, which an online user must agree in order to use the website service. These are also called called Terms of Service (TOS) or user Agreement or simply Terms & Conditions and these also need to be in compliance with the Information Technology Act and the Rules there under.
It basically includes the dos and don’ts by the registered users, under various clauses:
- Service Level Agreement
- Retention & Backup
- Account Obligation
- Intellectual Property Rights
- And more…
And any violation of the Terms of Service leads to Termination of service.
In the absence of any Terms upon the website, it is governed by basic laws as to contracts read with Information Technology laws, but may not provide a clear picture to a website user, who may in such a scenario become reluctant to use the services for the lack of definite policies.
Further with the various amendments in Information Technology Laws, it is now mandatory for the Website Owners/Intermediaries to provide proper policies, if they want to avoid any civil or criminal liability, in terms of the law.
To take an example, In a recent FIR registered in the state of Delhi, various website owners who did not have proper terms/disclaimer over their website are being jointly held liable for the acts of the third party and prosecuted in a local criminal court !