What to Include (7 Parts)
1. User Obligations
It should be known that users of the website comply with the intended purpose of the website. This is standard language that should be included for a blog website.
This allows the user to consume the information written on an “as-is, where-is” basis.
Obligations of Users. It is agreed, by you and any user of the website, to comply with the following obligations:
- That any access of the website is conducted by a human and not by bots, scripts, or other automated manners;
- That the user is of legal age to visit the website;
- To have the legal capacity to understand the depth of this Terms and Conditions document; and
- To use the information mentioned on the website, including additional products or services offered directly or indirectly through advertisements or affiliates, in a legal manner under local laws and for the benefit of public policy.
Any user who has access to and uses the information on the website agrees to do so in a manner that is not harmful or causes damage to the website or any 3rd party
2. Advertisements & Affiliates
Perhaps the most popular method of generating revenue on a blog is to have advertisements and affiliate links. The most common advertising network is Google AdSense, and for affiliates, it is Amazon Associates.
Oftentimes, the blog has no control over the advertisements shown. To protect against such exposure, it’s best to include the following clause or section:
Advertisement & Affiliate Networks. In the event the website displays ad networks, affiliate links, or recommends products or services for monetary reasons (“advertisements”), it is understood that any relationship made is between you and such advertiser. For ad networks, generally, we are unaware of the offerings made and are solely participating based on the good-faith intention of the ad network displaying products and services based on the user’s history and intent. Any advertisements shown are in accordance with the Digital Millennium Copyright Act (“DMCA”) policies. There shall be no refund or compensation made for any DMCA takedown requests or compensation related to the takedown of such advertisements.
Our website’s relationship with advertisements starts and ends with links or the space offered.
3. Copyright Policy
A copyright policy should be mentioned in the event images, logos, written materials, or any other content is used on the blog claimed by someone else. This gives the infringed party explicit instructions on how to make a takedown request of such protected property.
Copyright Policy. It is in the best interest of our website and public policy to protect the intellectual property of other parties. If any content mentioned on our website infringes on any protected trademark, copyright, or other protected works, we intend to provide takedown requests by using the contact details below:
- E-Mail: ______________________________
- Phone: ______________________________
- Mailing Address: ______________________________
Such takedown requests are pursuant to the Digital Millennium Copyright Act (“DMCA”).
4. Intellectual Property
In addition to providing takedown requests for others, the blog should display the terms related to their protected information. Any and all “unique content” can be protected within reason, such as writings, agreements, contracts, premium content, and any other self-described intellectual property.
Intellectual Property. It is understood by all users and any party that engages with the website that all trademarks, service marks, logos, copyrights, functionalities, software, databases, coding (including source codes), and any other unique content are considered intellectual and proprietary information (“intellectual property”). Under local, state, and federal laws, it is recognized that such intellectual information is our own and will be defended to the fullest extent of the law. Therefore, it is strictly prohibited to copy, reproduce, aggregate, republish, upload, post, or publicly share proprietary information, whether to one’s benefit or to harm and diminish its value by placing it in the public domain.
5. 3rd Party Website and Content
A blog will generally have rich content that includes links to source the information provided. Such links direct users to other content that the website has no control over its distribution. The pages could change, be hacked, or participate in fraudulent activity.
Therefore, it is best to protect the blog by mentioning that the website has no liability to any activity that occurs on a linked source.
6. User-Generated Content
If a blog offers a comment section or the availability to add pages or original content to the website, it should have rules for what is permitted. Typically, the terms should prohibit hateful, racist, or hateful language, and the website also has the right to delete any content at its own discretion.
User-Generated Content. Our website may allow users to post, comment, or chat in a private or public setting, and such submissions may be in the form of text, videos, audio, photos, and other viewable transmission options (“user-generated content”). Such user-generated content is permitted for submission under the following terms:
- Are legal to be expressed without violating or infringing on copyrights, trademarks, patents, trade secrets, confidential information, or other protected rights of a 3rd party;
- Does not contain advertisements, promotional materials, pyramid schemes, chain letters, spam, or links to malware or infected websites or sources;
- Does not include hate speech, discriminatory, or inappropriate language that could be harmful to other users or be deemed as harassment;
- Does not violate applicable laws or regulations; and
- Information that leads to sharing private or confidential information of a private individual, business entity, or organization.
All user-generated content should be made with the best intentions of promoting a community of well-thought and open-minded engagement for the benefit of users.
7. Indemnification
A general hold-harmless clause should be included that allows the website to be indemnified for any content, advertising, or harmful effect it may have on other users. This is a general statement that informs users that they are to access the website at their own risk, including bearing the responsibility for any results of such actions.