Commentary Addressing Risks and Opportunities Through the Lifecycle of Data, Technology, Advertising and Innovation

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Every time you click on a website, you are entering into a contract – often without even realizing it. While we casually browse, download content or make online purchases, we are simultaneously agreeing to a set of terms and conditions that outline our rights and obligations. You will often see these terms in the website footer as “Terms of Use” or “Terms of Service.” Here is a closer look at the 10 most common things you are likely agreeing to when you visit a website.

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<li>Access and Use Rights or Licenses</li>
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By accessing a website, you are being granted certain rights or licenses to use its content, materials or services. This might include viewing articles, downloading resources or streaming media. It is important to understand the scope of these rights to ensure you are using the website’s offerings as intended by the website owner and within legal boundaries.
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<li>Restrictions</li>
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Websites often itemize specific actions that are prohibited. These restrictions can include unauthorized copying of content, reverse engineering of software or use of the website for illegal activities. Agreeing to the website terms means you are obligated to avoid such actions to continue accessing or using the website.
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<li>Additional Policies</li>
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The website terms of use are simply the tip of the iceberg. Websites frequently incorporate other policies, like privacy policies and codes of conduct. These documents can dictate how your data is used, the standards for community interaction via the website and more. By using the website, you are also agreeing to comply with these additional policies.
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<li>Termination Rights</li>
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Both you and the website owner normally have the right to terminate your access and/or account on the website under certain conditions. You can stop using the website or cancel your account, if applicable, but also the website can revoke your access if you violate the website terms. Understand what actions can lead to termination so you can help ensure uninterrupted access.
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<li>Sales Terms</li>
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If the website offers products or services for purchase, you are agreeing to terms related to transactions, such as, but not limited to, payment methods, refund policies and return procedures. Understanding these additional terms is crucial, especially if you encounter issues with a purchase down the line.
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<li>Third-Party Terms</li>
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Websites often rely on third-party services for things like payment processing, hosting or mobile app functionality. By using the website, you are also agreeing to the terms of any external providers. This could affect how your data is handled or what recourse you have in the event of a dispute.
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<li>User Content Uploads</li>
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Websites that allow you to upload content – such as text, images or videos – commonly have specific guidelines about what you can post. For instance, there may be restrictions in order to prevent the upload of illegal, offensive or copyrighted material. Additionally, the website may have policies in place under laws like the Digital Millennium Copyright Act to address infringement issues.
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<li>Account Log-In and Security Obligations</li>
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If you create an account on the website, you are typically responsible for maintaining the confidentiality of your username and password. This includes preventing unauthorized access and promptly updating any changes to your personal information. Failure to do so could result in account termination or security breaches.
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<li>Arbitration and Governing Law</li>
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Some websites include clauses that require disputes to be resolved through arbitration rather than in court. This means you might waive your right to a jury trial so that any legal disagreements between you and the website owner will be handled privately. The website terms will also specify which state’s laws govern, which can affect the outcome of any legal issues.
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<li>Potential Liability</li>
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Website terms are a legally binding contract between you and the website owner. If you violate the website terms, you are essentially breaching a contract. This gives the website owner legal grounds to take action beyond just access and account termination, including legal action to recover damages for noncompliance or reporting your criminal activity on the website to the authorities.

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While it is easy to overlook the fine print, being aware of these common terms can help you navigate the online world more confidently. The next time you visit a website, consider taking a moment to review its terms of use and policies. Understanding your rights and obligations can protect you from unintended consequences and enhance your overall online experience.

Terms of Use: 10 Things You Agree to When Visiting a Website