Hi,

Could someone tell me what exactly is the difference between an Acceptable User Policy and Terms And Conditions? I've seen websites with either one or both. And what important legal stuff should be included in both documents? Any pointers to this is greatly appreciated.

Thank you.
Joe

An AUP/TOS is usually for their customers, should they use their service.

A TAC is usually the terms at which you agree to be held by just visiting their web site and viewing the content on it.

A Terms and Conditions outlines the terms of a contract (contract is done wherer signed or not when you purchase anything under law) usually covering the good or service type, payment and billing, delivery, maintenence and ownership rights, and so on.
Sometimes, elements of the AUP can be integrated into the TAC as well.

The Acceptable Use Policy can be utilised for the usage of a service by a customer ie. no spamming, warez, etc, and define whatever else is relevant when in conjunction with a supply of services.

There is the other use of an AUP which can be used for a gaming site for example, or free greeting card site, where usage is defined and defines spamming using cards and so on.

The one aspect overlooked by many is knowing where their AUP or TOC is being utilised, as just because a person may run a business from one country, that doesnt mean it's affects can be illegal in another country so always beware of where you promote yourself, as your TAC can be worthless of you are trying to enforce it.

Thanks for the help. Another question, would my customers' content be subjected to U.S. export restrictions if my server is located in the US even though my company is located outside of US?

Joe

Content regulations would be bound essentially by the country where the server is located in. If you ran a portal system that aimed that information at a local population where your business was located and registered, then its another matter entirely.

This is another area that online busineses and service providers must also be aware of, despite the low instances of any transgression actually being acted upon by an authority.

Thank you Nishtec (what's your real name?) and Mark for the help. I decided to create the following for the site:

Privacy Policy
Terms of Service
Acceptable User Policy
Billing Policy

Regards
Joe

Your welcome, and a suggestion would be to get whatever you create overlooked by a lawyer if you have any doubts and to be sure of what you plan to do.

Good luck with it :)

Originally posted by Nishtec
Your welcome, and a suggestion would be to get whatever you create overlooked by a lawyer if you have any doubts and to be sure of what you plan to do.

Good luck with it :)

Good idea..