Why shouldn't you use "free" Terms of Service and Privacy Policies?
I've seen this question asked over and over. And there are lots of answers from people who (for lack of a better way to put it) have no earthly idea of what they're talking about. They all say, "Sure, use one of the terms and privacy policy generators that you can find on Google." Sigh. I got tired of hearing it, so I ran a few of the generators and I was HORRIFIED at how bad the resulting terms of service ("TOS") and privacy policies ("PP") are.
Ok, people. Figure it out, you're getting what you're paying for. Nothing. The generators are not customized to your business situation, business model or to the specific details of your business.
So, if those are no good, you might then ask if you can just lift one from another website that has a similar business model to yours. Well, that's not a good idea either. First of all, it's unlikely that the owner of that website will be thrilled with your appropriation of their materials (though there is argument as to whether original portions of a TOS and PP can be copyrightable). Second, as a practical matter, how do you know that what you're taking is any good? The person who posted them on the website that you're stealing them from could be doing what you're doing, or worse yet, an idiot. How do you know where they came from, or if they're up to date with the most current legislation? You DON'T!
Here are only a couple of examples of what you need to know that you won't find from copying someone else's TOS and PP. For example, did you know that the State of California has its own rules (BPC 22575-22579) that not only spell out what needs to be included in a PP, but also has specific rules for where and how you need to post that policy? And they're not the only state that has rules about it.
Did you know that if you don't specifically exclude children under 13 from your website that your PP has to comply with the Children's Online Privacy Protection Act ("COPPA")? Not if you're using a free boilerplate TOS and PP.
The entire purpose of having a TOS and PP is twofold. First, to comply with specific state and federal laws that require you to have them. Second, to protect you in case one of your users or customers wants to sue you. You've spent a lot of time and money building your business. Why mess it up by inadequately protecting yourself? A lawsuit could cost you tens of thousands of dollars, if not hundreds of thousands.
As my grandmother used to say, don't be "penny wise and pound foolish". Spend a little bit of extra money and hire someone to draft your Privacy Policy and Terms of Service for you that knows what they're doing...
Ok, people. Figure it out, you're getting what you're paying for. Nothing. The generators are not customized to your business situation, business model or to the specific details of your business.
So, if those are no good, you might then ask if you can just lift one from another website that has a similar business model to yours. Well, that's not a good idea either. First of all, it's unlikely that the owner of that website will be thrilled with your appropriation of their materials (though there is argument as to whether original portions of a TOS and PP can be copyrightable). Second, as a practical matter, how do you know that what you're taking is any good? The person who posted them on the website that you're stealing them from could be doing what you're doing, or worse yet, an idiot. How do you know where they came from, or if they're up to date with the most current legislation? You DON'T!
Here are only a couple of examples of what you need to know that you won't find from copying someone else's TOS and PP. For example, did you know that the State of California has its own rules (BPC 22575-22579) that not only spell out what needs to be included in a PP, but also has specific rules for where and how you need to post that policy? And they're not the only state that has rules about it.
Did you know that if you don't specifically exclude children under 13 from your website that your PP has to comply with the Children's Online Privacy Protection Act ("COPPA")? Not if you're using a free boilerplate TOS and PP.
The entire purpose of having a TOS and PP is twofold. First, to comply with specific state and federal laws that require you to have them. Second, to protect you in case one of your users or customers wants to sue you. You've spent a lot of time and money building your business. Why mess it up by inadequately protecting yourself? A lawsuit could cost you tens of thousands of dollars, if not hundreds of thousands.
As my grandmother used to say, don't be "penny wise and pound foolish". Spend a little bit of extra money and hire someone to draft your Privacy Policy and Terms of Service for you that knows what they're doing...
posted by Deena B. Burgess, Esq. at
10:35 AM
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