Lesson #08 Terms of Service and Privacy Policy
Written By Titmowse

Many adult webmasters seem to ignore the legal responsibilities of their sites. Many of them don't realize that even a webpage should be run as legally and professionally as a brick-and-mortar business. The adult webmaster should take every care to protect his/her interests and a "Terms of Use and Privacy" page is part of that process.

First off, TOS (Terms of Service/Use) pages and Privacy Policy pages should not be confused with Title 18/ Section 2257 information. A 2257 page is where you list the custodian of record information and age verification text for the content on your site. 2257 information is US law and every adult site should display it. TOS and Privacy pages are another matter.

What is a Terms of Use/Service page?

Visit any popular paid service or sponsor on the web and chances are, you'll see a link for a TOS page. Read that page. As you will note, the TOS explains the obligations of both the user and website/service provider.

For example, an adult sponsor's TOS will explain the rules an affiliate must follow in order to get paid. A paysite's TOS will detail the membership agreement billing procedures and cancellation policies. A software vendor's TOS will describe the licensing agreement as well as a disclaimer. Most TOS pages include a disclaimer that declares the liability and responsibility of user and provider.

Your TOS page will reflect the aspects of your adult site. If you run a message board, your TOS will list reasons why a member might be banned or forbidden to post. If you run a TGP your TOS will tell let the user know you're not legally responsible if one of your gallery webmasters suddenly changes his code so that it forces a toolbar download. If you run a webcam site, your TOS will state what you will and will not allow when it comes to members conversing with camgirls.

What is a Privacy Policy page?

Do you publish an email newsletter or send emails to your subscribers? Do you share your email list with other vendors? Do you use cookies, online applications and scripts? Do you collect any kind of information from your surfers? The fact is, if you run a webpage, you're collecting some kind of data from your surfers even if it's only the information you read in your server logs. The fact is that a lot of surfers set their browsers to reject sites that don't include a Privacy Policy page.

On a Privacy Policy page, you will tell your surfer whether or not you intend to collect and/or use private information. You let them know what you use the data for. You explain what you'll do with all those cookies. You must also include your information such as your mailing address and contact phone number.

How do I create proper TOS and Privacy Policy pages?

The best way to acquire responsible, professional TOS and Privacy Policy pages is to have them written by a lawyer. Remember that TOS and Privacy Policies protect you from litigious surfers. These pages aren't just some text you throw on an HTML page without consideration. If a surfer gets angry because of something out of your control, you have to protect yourself by stating what is and is not within your control.

You don't have to consult a lawyer to compose TOS and Privacy Policy pages, but you don't want to "borrow" someone else's either. Copying the TOS off some other webmaster's site is a big no no.

Fortunately, there are some free TOS and Privacy Policy documents you can use. All you have to do is configure the details to fit your site. One of our favorite resources for free legal documents is Adult Site Law. The docs are written by a lawyer specializing in the adult Internet and he's been kind enough to provide this wonderful service.

Use. Enjoy. However, don't forget to follow the TOS!