Privacy Policy

Website agreements, such as disclaimers, terms of use contracts, and privacy policies are typically placed on a website to inform users of the ways in which the users are permitted to use the website, and to alert users as to certain restrictions on the use of the website. These website contracts also provide the user with information regarding the copyright and trademark ownership rights of the website provider (and its licensors) in the content contained on the website. Finally, disclaimers, terms of use, and privacy policies may also include legal provisions that apportion legal responsibility between the web site provider and the user.

Ideally, all users of the website should be required to demonstrate their consent to the terms of use. We recognize, however, that may businesses are reluctant to require visitors to demonstrate their consent, presumably because the business fears that this will dissuade the user from visiting its website. Often, many business owners allow their website developers to copy and paste disclaimers, terms of use, and privacy policies from other similar websites. This is dangerous, however, because every business has different, unique needs.

Links to the disclaimers, terms of use, and privacy policies should be readily accessible at all times for reference purposes. Typically, links to website agreements should be accessible from the home page of the website, and, ideally placed on each page of the website. It is important that that these contracts be updated on a regular basis to reflect new functionality, features, policies, types of use allowed, and similar items. It is best for the business to consult with a Charleston corporate attorney to review the website’s user contracts periodically as well as any time significant changes are made to the website.