Is there a rule of how to legitimately have users agree to a site's terms and conditions (i.e.: can't have pr0n or warez)?

I see some sites say something like: 'when you sign up you agree to our terms (click here to read our terms).' Also some sites have a meta footer with something like: 'Your use of our services constitutes acceptance of our Terms & Conditions.'

Is one of these options better than the other? Is there a different method that should be used? Is there a lawyer around? I can't possibly give the entire text of the terms and conditions in the footer... besides I don't see a site doing that, yet :eek: .

I believe most clients wont even bother to read your AUP or TOS if they dont have to. Im not a lawyer but im pretty sure you have to display "by clicking here you agree to follow the TOS and AUP of companyname inc." It will save you in any legal battles or issues that may arise.

Just on a side note, our signup system has a total page dedicated to the AUP/TOS of LocalHoster.com's services and users must read it and click "Yes" when asked if they agree.

Its up to you i guess, but as i said before im not a lawyer. Thank god!

Remebering what was discussed during my business law classes I believe the safest way is to put your TOS into customer's face at least once and have them click the agree button. This way it saves you a lot of headaches if you ever get dragged into court over this. Having a statement that by signing up you are bound by TOS works too. In either case if I remember correctly the burden of proof is not on you but rather on the customer. As long as you have TOS that specifcally prohibits certain activity and outlines corrective action for violation, you covered your butt. It is up to the alleged offender to proove that he is not in violation.

P.S. I am not in lawyer just a guy who did not sleep through BLaw classes in college. :).

sorry to sidetrack a little here but I was wondering how legal a contract is when it doesn't have the client's signature on it?

The accepatance of the contract can be either expressed(signature) or implied(action). When you sign bank loan papers you expresely agree to the terms of the loan by affixing your signature to the promisory note. When you open a software box your action of opening a box constitutes your acceptance to abide by the license agreement that software manufacturer wrote up.