www.SoulLegacyAcademy.com

Legal Information

Copyright notice

1. Credit

1.1 This document was created using a template from SEQ Legal (http://www.seqlegal.com).

You must retain the above credit, unless you purchase a licence to use this document without the credit. You can purchase a licence at: http://www.website-contracts.co.uk/seqlegal-licences.html. Warning: use of this document without the credit, or without purchasing a licence, is an infringement of copyright.

2. Copyright notice

2.2 Subject to the express provisions of this notice:

(a) we, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website; and

(b) all the copyright and other intellectual property rights in our website and the material on our website are reserved.

3. Copyright licence

3.1 You may:

(a) view pages from our website in a web browser;

(b) download pages from our website for caching in a web browser;

(d) [stream audio and video files from our website; and]

(e) [use [our website services] by means of a web browser,]

subject to the other provisions of this notice.

3.2 Except as expressly permitted by the other provisions of this notice, you must not download any material from our website or save any such material to your computer.

3.3 You may only use our website for [your own personal and business purposes], and you must not use our website for any other purposes.

3.4 Except as expressly permitted by this notice, you must not edit or otherwise modify any material on our website.

3.5 Unless you own or control the relevant rights in the material, you must not:

(a) republish material from our website (including republication on another website);

(b) sell, rent or sub-license material from our website;

(d) exploit material from our website for a commercial purpose; or

(e) redistribute material from our website, save to the extent expressly permitted by this notice.

4. Acceptable use

4.1 You must not:

(a) use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;

(b) use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;

(c) use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software; or

(d) conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent.

5. Report abuse

5.1 If you learn of any unlawful material or activity on our website, or any material or activity that breaches this notice, please let us know.

5.2 You can let us know [by email or by using our abuse reporting form].

6. Enforcement of copyright

6.1 We take the protection of our copyright very seriously.

6.2 If we discover that you have used our copyright materials in contravention of the licence set out in this notice, we may bring legal proceedings against you, seeking monetary damages and/or an injunction to stop you using those materials. You could also be ordered to pay legal costs.

7. Permissions

7.1 You may request permission to use the copyright materials on our website by [writing to us by email or post, using the contact details published on the website].

Drafting notes for free copyright notice

Copyright is the primary intellectual property right protecting websites. This is a free copyright notice template, designed for inclusion on a website. It includes an assertion of copyright ownership, as well as provisions concerning the licensing of website copyright, the infringement of website copyright materials, and copyright notifications.

Copyright is one of the major intellectual property rights. Copyright protects certain classes of work, including literary works (e.g. written text and software), artistic works (e.g. drawings, photographs and graphics) and musical works. Although websites are not protected as websites, some of the constituent elements of a website will almost always attract copyright protection.

This document may be incorporated into more general terms and conditions, or may be used as a stand-alone notice.

A copyright notice is sometimes called a "copyright statement".

Free copyright notice body

Section 2 - Copyright notice

Section 2.1

What was the year of first publication of the relevant copyright material (or the range of years)? Who is the principal owner of copyright in the website?

Section 3 - Copyright licence

The scope of the licence to use will vary with each site. Consider carefully exactly what your users should be allowed to do with your website and material on your website.

Section 3.1

(d) - Will audio and/or video files be published on the website?

(e) - Will the website make available any dynamic services to users? Describe the website services in question.

Section 3.3

Optional element.

For what purposes may the website be used?

Section 5 - Report abuse

Websites that allow the publication of user generated content should incorporate an abuse reporting procedure. The existence of such a procedure may help the website operator to take advantage of certain defences that may be available in respect of such user generated content. For instance, the website operator defence set out in Section 5 of the Defamation Act 2013 and elaborated in the Defamation (Operators of Websites) Regulations 2013 will only be available where the operator has responded to a notice of complaint sent by the complainant, a process which may be made simpler by the use of a dedicated communications channel. The guidance notes accompanying the legislation have this to say on the subject: "The Government encourages operators to set up and publicise a designated email address for this purpose as a matter of good practice, which we encourage complainants to use. Operators may also wish to provide an online form that complainants can use to submit a Notice of Complaint".

Section 5.2

How can users report unlawful and unwanted materials and activities on the website?

Section 7 - Permissions

Section 7.1

How should a person go about requesting permission to use copyright materials that are published on the website?

Contact [email protected]

Anti-spam policy

1. Introduction

1.1 In the context of electronic messaging, "spam" means [unsolicited, bulk or indiscriminate messages, typically sent for a commercial purpose].

1.2 We have a zero-tolerance spam policy.

2. Credit

2.1 This document was created using a template from SEQ Legal (http://www.seqlegal.com).

3. Spam filtering

3.1 Our messaging systems automatically scan all incoming [email and other] messages and filter out messages that appear to be spam.

3.2 We may also report incoming email as spam. This can result in IP addresses and domain names being blacklisted.

4. Spam filtering issues

4.1 No message filtering system is 100% accurate, and from time to time legitimate messages will be filtered out by our systems.

4.2 If you believe that a legitimate message you have sent has been filtered out by our systems, please advise the message recipient by another means.

4.3 You can reduce the risk of a message being caught by the spam filters by:

(a) sending the message in plain text (instead of, or in addition to, HTML);

(b) removing any message attachments;

(d) ensuring that your messages are scanned for malware before dispatch.

5. User spam

5.1 We provide a facility that enables users to send [email messages / private messages / [message type(s)]] to others.

5.2 Users must not use our messaging facility or any of our other services to store, copy, send, relay or distribute spam.

5.3 Full provisions concerning the use of our messaging facility are set out in [our website terms and conditions of use].

6. Receipt of unwanted messages from us

6.1 In the unlikely event that you receive any message from us or sent using our systems that may be considered to be spam, please contact us using the details below and the matter will be investigated.

7. Variation

7.1 We may amend this policy at any time by publishing a new version on our website.

8. Our details

8.1 This website is owned and operated by [name].

8.2 Our principal place of business is at [address].

8.3 You can contact us by writing to the business address given above, by using our website contact form, by email to [email address] or by telephone on [telephone number].

Drafting notes for free anti-spam policy

Spam is an irritant to regular internet and email users, and a significant problem for some organisations. Technical measures are the main way of dealing with spam, but they can be usefully supplemented by legal measures. This anti-spam policy template may be used by a website owner to create a clear policy on spam suitable for publication on the web. The inclusion of an anti-spam policy on your website may help you to demonstrate your anti-spam credentials.

The anti-spam policy gives a loose definition of spam, and warns that spam-filtering technologies will be used to screen incoming electronic communications. It also warns that, in some circumstances, legitimate messages may be filtered-out. In other words, those sending emails and other electronic messages to you should not assume that they will be received.

The policy also includes a brief statement on user-created spam. However, it assumes that the terms and conditions governing the use of messaging services (and other services that may be used to generate spam) will be governed by separate terms and conditions.

Free anti-spam policy body

Section 1 - Introduction

Section 1.1

What is "spam" for the purposes of this document?

Section 3 - Spam filtering

Section 3.1

What types of messages are automatically scanned and filtered for spam?

Section 5 - User spam

Section 5.1

What types of messaging services are available to users, but potentially vulnerable to misuse by spammers? Email messages, private messages, or some other kind of message? Specify here the type or types of message that may be vulnerable to spammers.

Section 5.3

Which document governs the use of the messaging facility generally?

Section 6 - Receipt of unwanted messages from us

Section 6.1

You should consider setting up an "abuse@" email address for spam reporting.

Section 8 - Our details

Section 8.1

What is the name of the company, partnership, individual or other legal person or entity that owns and operates the website?

Section 8.2

Where is the website operator's head office or principal place of business?

Section 8.3

What is the website operator's contact email address? What is the website operator's contact telephone number?

Cookies policy

1. Introduction

1.1 Our website uses cookies.

1.2 [We will ask you to consent to our use of cookies in accordance with the terms of this policy when you first visit our website. / By using our website and agreeing to this policy, you consent to our use of cookies in accordance with the terms of this policy.]

2. Credit

2.1 This document was created using a template from SEQ Legal (http://www.seqlegal.com).

3. About cookies

3.1 A cookie is a file containing an identifier (a string of letters and numbers) that is sent by a web server to a web browser and is stored by the browser. The identifier is then sent back to the server each time the browser requests a page from the server.

3.2 Cookies may be either "persistent" cookies or "session" cookies: a persistent cookie will be stored by a web browser and will remain valid until its set expiry date, unless deleted by the user before the expiry date; a session cookie, on the other hand, will expire at the end of the user session, when the web browser is closed.

3.3 Cookies do not typically contain any information that personally identifies a user, but personal information that we store about you may be linked to the information stored in and obtained from cookies.

3.4 Cookies can be used by web servers to identify and track users as they navigate different pages on a website and identify users returning to a website.

4. Our cookies

4.1 We use [only session cookies / only persistent cookies / both session and persistent cookies] on our website.

4.2 The names of the cookies that we use on our website, and the purposes for which they are used, are set out below:

(a) we use [cookie name] on our website to [recognise a computer when a user visits the website / track users as they navigate the website / enable the use of a shopping cart on the website / improve the website's usability / analyse the use of the website / administer the website / prevent fraud and improve the security of the website / personalise the website for each user / target advertisements which may be of particular interest to specific users / [describe purpose(s)]];

(b) [repeat as necessary.]

5. Analytics cookies

5.1 We use [Google Analytics] to analyse the use of our website.

5.2 Our analytics service provider generates statistical and other information about website use by means of cookies.

5.3 The analytics cookies used by our website have the following names: [_utma, _utmb, _utmc and _utmz].

5.4 The information generated relating to our website is used to create reports about the use of our website.

5.5 Our analytics service provider's privacy policy is available at: [http://www.google.com/policies/privacy/].

6. Third party cookies

6.1 Our website also uses third party cookies.

6.2 [We publish Google AdSense interest-based advertisements on our website. These are tailored by Google to reflect your interests. To determine your interests, Google will track your behaviour on our website and on other websites across the web using the DoubleClick cookie. / We publish Google AdSense advertisements on our website. To determine your interests, Google will track your behaviour on our website and on other websites across the web using the DoubleClick cookie. This behaviour tracking allows Google to tailor the advertisements you see on other websites to reflect your interests (we do not publish interest-based advertisements on this website).] You can view, delete or add interest categories associated with your browser by visiting: http://www.google.com/settings/ads/. You can also opt out of the AdSense partner network cookie using those settings or using the NAI's (Network Advertising Initiative's) multi-cookie opt-out mechanism at: http://www.networkadvertising.org/choices/. However, these opt-out mechanisms themselves use cookies, and if you clear the cookies from your browser your opt-out will not be maintained. To ensure that an opt-out is maintained in respect of a particular browser, you may wish to consider using the Google browser plug-in available at: https://www.google.com/settings/ads/plugin.

6.3 Details of [other] third party cookies used by our website are set out below:

(a) [third party cookie details;]

(b) [repeat as necessary.]

7. Blocking cookies

7.1 Most browsers allow you to refuse to accept cookies; for example:

(a) in Internet Explorer (version 11) you can block cookies using the cookie handling override settings available by clicking "Tools", "Internet Options", "Privacy" and then "Advanced";

(b) in Firefox (version 36) you can block all cookies by clicking "Tools", "Options", "Privacy", selecting "Use custom settings for history" from the drop-down menu, and unticking "Accept cookies from sites"; and

(c) in Chrome (version 41), you can block all cookies by accessing the "Customise and control" menu, and clicking "Settings", "Show advanced settings" and "Content settings", and then selecting "Block sites from setting any data" under the "Cookies" heading.

7.2 Blocking all cookies will have a negative impact upon the usability of many websites.

7.3 If you block cookies, you will not be able to use all the features on our website.

8. Deleting cookies

8.1 You can delete cookies already stored on your computer; for example:

(a) in Internet Explorer (version 11), you must manually delete cookie files (you can find instructions for doing so at http://windows.microsoft.com/en-gb/internet-explorer/delete-manage-cookies#ie=ie-11);

(b) in Firefox (version 36), you can delete cookies by clicking "Tools", "Options" and "Privacy", then selecting "Use custom settings for history" from the drop-down menu, clicking "Show Cookies", and then clicking "Remove All Cookies"; and

(c) in Chrome (version 41), you can delete all cookies by accessing the "Customise and control" menu, and clicking "Settings", "Show advanced settings" and "Clear browsing data", and then selecting "Cookies and other site and plug-in data" before clicking "Clear browsing data".

8.2 Deleting cookies will have a negative impact on the usability of many websites.

9. Cookie preferences

9.1 You can manage your preferences relating to the use of cookies on our website by visiting: [URL]

10. Our details

10.1 This website is owned and operated by [name].

10.2 We are registered in [England and Wales] under registration number [number], and our registered office is at [address].

10.3 Our principal place of business is at [address].

10.4 You can contact us by writing to the business address given above, by using our website contact form, by email to [email address] or by telephone on [telephone number].

Drafting notes for free cookies policy

Both UK and EU law require that websites making use of cookies (that is, most websites) make certain disclosures about those cookies. This policy is intended to help you with those disclosures. It is a more detailed version of the basic cookies policy incorporated into our privacy policy template. Depending upon your circumstances, you may need to supplement the policy with consent procedures.

This is a template cookies policy, designed to help website owners comply with the EU and UK laws concerning the disclosure to users of information about cookies used on a website.

See: Regulation 6 of The Privacy and Electronic Communications (EC Directive) Regulations 2003 and the amendments thereto in The Privacy and Electronic Communications (EC Directive) (Amendment) Regulations 2011.

Under the "new" cookies law, the use of many cookies will require the express consent of the user.

In addition, where the use of cookies involves the processing of personal data, data protection law requires the disclosure of information about such processing to data subjects.

Free cookies policy body

Section 1 - Introduction

Section 1.2

How will you gain users' consent to the use of cookies?

The inclusion of this statement in your privacy policy will not in itself satisfy the requirements of the Privacy and Electronic Communications (EC Directive) Regulations 2003 as regards consent to the use of cookies. Guidance concerning methods of obtaining such consent is included on the Information Commissioner's website (http://www.ico.gov.uk).

Section 4 - Our cookies

Section 4.1

What types of cookies will be used on the website?

Section 4.2

(a) - What is the name of the cookie? For what purpose is the cookie used? Describe the purpose or purposes for which the cookie is used.

Section 5 - Analytics cookies

Are cookies used to generate analytics data for the website?

The drafting in this provision assumes that Google Analytics is being used, but can easily be adapted for other cookie-based analytics systems.

Section 5.1

Will you use Google Analytics?

Section 5.3

What are the names of the analytics cookies used on the website?

Section 5.5

At what web address can users view a copy of your analytics service provider's privacy

policy?

Section 6 - Third party cookies

Does the website serve any third party cookies to users?

Section 6.2

Will Google AdSense advertisements be published on the website?

Will Google AdSense interest-based advertisements be published on the website (that is, advertisements tailored to a user's particular interests as Google perceives them)?

This provision should be included if you publish Google AdSense interest-based advertisements on your website. Additional disclosures will be required if you have not opted out of third-party ad serving.

If the website sets any other cookies to users' machines that track behaviour, information about those cookies will also need to be disclosed.

Section 6.3

(a) - Provide details of third party cookie use: identify the third party in question, identify the cookie in question, and provide details of the purpose or purposes for which the cookie is used.

Section 7 - Blocking cookies

Section 7.3

Will the blocking of cookies have a negative effect upon the use of the website from a user perspective?

Section 9 - Cookie preferences

Are there any cookie preference management facilities available to users on the website?

Section 9.1

Identify the web page users should visit to manage their cookie preferences.

Section 10 - Our details

UK companies must provide their corporate names, their registration numbers, their place of registration and their registered office address on their websites (although not necessarily in this document).

Sole traders and partnerships that carry on a business in the UK under a "business name" (i.e. a name which is not the name of the trader/names of the partners or certain other specified classes of name) must also make certain website disclosures: (i) in the case of a sole trader, the individual's name; (ii) in the case of a partnership, the name of each member of the partnership; and (iii) in either case, in relation to each person named, an address in the UK at which service of any document relating in any way to the business will be effective. All websites covered by the Electronic Commerce (EC Directive) Regulations 2002 must provide a geographic address (not a PO Box number) and an email address. All website operators covered by the Provision of Services Regulations 2009 must also provide a telephone number.

Section 10.1

What is the name of the company, partnership, individual or other legal person or entity that owns and operates the website?

Section 10.2

Is the website operator a company?

In what jurisdiction is the website operator registered? What is the website operator's company registration number or equivalent? What is the website operator's registered address?

Section 10.3

Optional element.

Where is the website operator's head office or principal place of business?

Section 10.4

What is the website operator's contact email address? What is the website operator's contact telephone number?

Legal information disclaimer

1. Credit

1.1 This document was created using a template from SEQ Legal (http://www.seqlegal.com).

2. No advice

2.1 Our website contains general legal information.

2.2 The legal information is not advice and should not be treated as such.

3. No warranties

3.1 The legal information on our website is provided without any representations or warranties, express or implied.

3.2 Without limiting the scope of Section 3.1, we do not warrant or represent that the legal information on this website:

(a) will be constantly available, or available at all; or

(b) is true, accurate, complete, current or non-misleading.

4. No lawyer-client relationship

4.1 No lawyer-client, solicitor-client or attorney-client relationship shall be created through the use of our website.

5. Interactive features

5.1 Our website includes interactive features that allow users to communicate with us.

5.2 You acknowledge that, because of the limited nature of communication through our website's interactive features, any assistance you may receive using any such features is likely to be incomplete and may even be misleading.

5.3 Any assistance you may receive using any our website's interactive features does not constitute specific advice and accordingly should not be relied upon without further independent confirmation.

6. Professional legal assistance and advice

6.1 You must not rely on the legal information on our website as an alternative to legal advice from your lawyer or other professional legal services provider.

6.2 If you have any specific questions about any legal matter, you should consult your lawyer or other professional legal services provider.

6.3 You should never delay seeking legal advice, disregard legal advice, or commence or discontinue any legal action because of information on our website.

7. Limits upon exclusions of liability

7.1 Nothing in N/A will:

(a) limit or exclude any liability for death or personal injury resulting from negligence;

(b) limit or exclude any liability for fraud or fraudulent misrepresentation;

(d) exclude any liabilities that may not be excluded under applicable law.

Drafting notes for free legal information disclaimer

This legal disclaimer may be suitable for use on websites that include legal information - for example, lawyers' websites or the websites of other legal service providers. Issues covered include the distinction between legal information and advice and the question of when to obtain assistance from a lawyer. As with all disclaimers of liability, the enforceability of the terms of the document may be open to question.

The disclaimer asserts that the legal information published on the website is just that - legal information and not legal advice. It asserts that no warranties or representations are given in relation to the legal information. And it seeks to exclude any liabilities that may arise out of the use or misuse of the information.

The disclaimer may be incorporated into a general legal notice, or used on its own.

The contents of this legal advice disclaimer are as follows: (1) no advice, (2) credit, (3) no warranties, (4) no lawyer-client relationship, (5) interactive features, (6) professional assistance, (7) limiting our liability.

Note: the courts generally view disclaimers of liability with disfavour, and have at their disposal a range of conceptual tools to limit the effects of disclaimers. You should not rely upon any document that seeks to exclude or limit liability except upon legal advice. Even if you take legal advice, the advice you receive may well be heavily caveated.

Free legal information disclaimer body

Section 5 - Interactive features

Does the website include any interactive features through which information or assistance may be provided to users?

Section 7 - Limits upon exclusions of liability

Section 7.1

Do not delete this provision (except upon legal advice). Without this provision, the specific limitations and exclusions of liability in the document are more likely to be unenforceable.

Linking policy

1. Introduction

1.1 We welcome links to our website made in accordance with the terms of this policy.

1.2 [This policy is intended to assist you when linking to our website. / By using our website you agree to be bound by the provisions of this policy.]

2. Credit

2.1 This document was created using a template from SEQ Legal (http://www.seqlegal.com).

3. Links to our website

3.1 Links pointing to our website should not be misleading.

3.2 Appropriate link text should always be used in links pointing to our website.

3.3 From time to time we may update the URL structure of our website and, unless we agree in writing otherwise, all links should point to [URL(s)].

3.4 You must not use our logo to link to our website (or otherwise) without our express written permission.

3.5 You must not link to our website using any inline linking technique.

3.6 You must not frame the content of our website or use any similar technology in relation to the content of the website.

4. Links from our website

4.1 Our website includes hyperlinks to other websites owned and operated by third parties; such hyperlinks are not recommendations.

4.2 We have no control over the contents of third party websites, and we accept no responsibility for them or for any loss or damage that may arise from your use of them.

5. Removal of links

5.1 You agree that, should we request the deletion of a link to our website that is within your control, you will delete the link promptly.

5.2 If you would like us to remove a link to your website that is included on this website, please contact us using the contact details below. Unless you have a legal right to demand removal, such removal will be at our discretion.

6. Variation

6.1 We may amend this policy at any time by publishing a new version on our website.

7. Our details

7.1 This website is owned and operated by [name].

7.2 Our principal place of business is at [address].

7.3 You can contact us by writing to the business address given above, by using our website contact form, by email to [email address] or by telephone on [telephone number].

Drafting notes for free linking policy

This is a template linking policy. It has been designed to help those website operators who wish to set out in detail their policies and practices on hyperlinking. It may be used to state a website's policy for linking out, as well as to assist in the management of incoming links. Although this sort of policy is unusual, it can be useful on certain types of site.

This linking policy template is designed to help website owners to codify their linking policies and practices. The linking policy can be used as a stand-alone document, or as part of another legal notice.

Hyperlinks are fundamental to the world wide web. The major search engines all treat links to a website as votes for that website, and web pages with many links will - all else being equal - tend to rank more highly on the search engine results pages that web pages with few links. Higher rankings mean more traffic. Accordingly, most owners of commercial websites will want to attract as many links as possible to their websites.

On the other hand, for some websites in-links can give rise to commercial and occasionally legal problems.

This linking policy document is intended to assist with the linking process, by highlighting to potential link-givers the website owner's requirements or preferences. A linking policy can also be used to publicise the criteria used by the website owner's own link-giving practices

A linking policy are sometimes called a "web linking policy", "hyperlink policy", "hyperlinking policy" or "link policy"; or alternatively a "linking statement" etc.

Free linking policy body

Section 1 - Introduction

Section 1.2

Is this document intended to be binding, or does it merely offer guidance related to linking?

Section 3 - Links to our website

Section 3.3

Will linking website operators be asked to link to a particular URL or URLs?

Identify the relevant URL or URLs.

Section 7 - Our details

Section 7.1

What is the name of the company, partnership, individual or other legal person or entity that owns and operates the website?

Section 7.2

Where is the website operator's head office or principal place of business?

Section 7.3

What is the website operator's contact email address? What is the website operator's contact telephone number?

Website disclaimer

1. Introduction

1.1 This disclaimer shall govern your use of our website.

1.2 By using our website, you accept this disclaimer in full; accordingly, if you disagree with this disclaimer or any part of this disclaimer, you must not use our website.

1.3 Our website uses cookies; by using our website or agreeing to this disclaimer, you consent to our use of cookies in accordance with the terms of our [privacy and cookies policy].

2. Credit

2.1 This document was created using a template from SEQ Legal (http://www.seqlegal.com).

3. Copyright notice

3.1 Copyright (c) [year(s) of first publication] [full name].

3.2 Subject to the express provisions of this disclaimer:

(a) we, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website; and

(b) all the copyright and other intellectual property rights in our website and the material on our website are reserved.

4. Licence to use website

4.1 You may:

(a) view pages from our website in a web browser;

(b) download pages from our website for caching in a web browser; and

subject to the other provisions of this disclaimer.

4.2 Except as expressly permitted by Section 4.1 or the other provisions of this disclaimer, you must not download any material from our website or save any such material to your computer.

4.3 You may only use our website for [your own personal and business purposes], and you must not use our website for any other purposes.

4.4 Unless you own or control the relevant rights in the material, you must not:

(a) republish material from our website (including republication on another website);

(b) sell, rent or sub-license material from our website;

(d) exploit material from our website for a commercial purpose; or

(e) redistribute material from our website.

4.5 We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.

5. Acceptable use

5.1 You must not:

(a) use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;

(b) use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;

(e) [access or otherwise interact with our website using any robot, spider or other automated means;]

(f) [violate the directives set out in the robots.txt file for our website; or]

(g) [use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).]

5.2 You must not use data collected from our website to contact individuals, companies or other persons or entities.

5.3 You must ensure that all the information you supply to us through our website, or in relation to our website, is [true, accurate, current, complete and non-misleading].

6. Limited warranties

6.1 We do not warrant or represent:

(a) the completeness or accuracy of the information published on our website;

(b) that the material on the website is up to date; or

6.2 We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in this disclaimer, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any

website services, or if we stop publishing the website.

6.3 To the maximum extent permitted by applicable law and subject to Section 7.1, we exclude all representations and warranties relating to the subject matter of this disclaimer, our website and the use of our website.

7. Limitations and exclusions of liability

7.1 Nothing in this disclaimer will:

(a) limit or exclude any liability for death or personal injury resulting from negligence;

(b) limit or exclude any liability for fraud or fraudulent misrepresentation;

(d) exclude any liabilities that may not be excluded under applicable law.

7.2 The limitations and exclusions of liability set out in this Section 7 and elsewhere in this disclaimer:

(a) are subject to Section 7.1; and

(b) govern all liabilities arising under the disclaimer or relating to the subject matter of the disclaimer, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in the disclaimer.

7.3 To the extent that our website and the information and services on our website are provided free of charge, we will not be liable for any loss or damage of any nature.

7.4 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

7.5 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

7.6 We will not be liable to you in respect of any loss or corruption of any data, database or software.

7.7 We will not be liable to you in respect of any special, indirect or consequential loss or damage.

7.8 You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or this disclaimer (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).

8. Variation

8.1 We may revise this disclaimer from time to time.

8.2 The revised disclaimer shall apply to the use of our website from the time of publication of the revised disclaimer on the website.

9. Severability

9.1 If a provision of this disclaimer is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.

9.2 If any unlawful and/or unenforceable provision of this disclaimer would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

10. Law and jurisdiction

10.1 This disclaimer shall be governed by and construed in accordance with [English law].

10.2 Any disputes relating to this disclaimer shall be subject to the [exclusive / non-exclusive] jurisdiction of the courts of [England].

11. Statutory and regulatory disclosures

11.1 We are registered in [trade register]; you can find the online version of the register at [URL], and our registration number is [number].

11.2 We are subject to [authorisation scheme], which is supervised by [supervisory authority].

11.3 We are registered as [title] with [professional body] in [the United Kingdom] and are subject to [rules], which can be found at [URL].

11.4 We subscribe to [code(s) of conduct], which can be consulted electronically at [URL(s)].

11.5 Our VAT number is [number].

12. Our details

12.1 This website is owned and operated by [name].

12.2 We are registered in [England and Wales] under registration number [number], and our registered office is at [address].

12.3 Our principal place of business is at [address].

12.4 You can contact us by writing to the business address given above, by using our website contact form, by email to [email address] or by telephone on [telephone number].

Drafting notes for free website disclaimer

This website disclaimer is a legal notice covering the basic issues that arise out of the operation of a website. It is a shorter version of our website terms and conditions template. It incorporates a licence setting out the basis upon which a website may be used and a set of limitations of liability, and it helps website operators comply with information disclosure laws.

Our disclaimer document is intended for use in relation to the simplest kinds of website that need to comply with English law: information-only websites lacking any significant interactive features (other than hyperlinks and HTML forms).

The disclaimer has three main functions. First, it specifies the basis upon which the website may be used. In order to use a website, it must be copied, and so this takes the form of a copyright licence. Second, it attempts to limit and exclude (disclaimer) various types of liability that may arise from the use of the website. Third, it prompts the publication of certain information that must, under English law, be published on a website.

The document is a shorter version of the basic website terms and conditions document available on this website. The main differences is that this document omits the provisions relating specifically to interactive website features.

The disclaimer document is divided into the following sections: a licence of the copyright in the website (and restrictions on what may be done with the material on the website); a disclaimer of liability (which gives the document its name); a variation clause; a clause specifying the applicable law and the jurisdiction in which disputes will be decided; and a provision specifying some of the information which needs to be disclosed under the Ecommerce Regulations.

Free website disclaimer body

Section 1 - Introduction

Section 1.2

The completed document should be easily accessible on the website, with a link from every page.

Section 1.3

Does the website use cookies (including session cookies and third party cookies)?

What is the title of the document on the website that contains cookie information?

The inclusion of this statement in your website legal documents will not in itself satisfy the requirements of the Privacy and Electronic Communications (EC Directive) Regulations 2003 (as amended) concerning consent to the use of cookies. Guidance concerning methods of obtaining such consent is included on the Information Commissioner's website (http://www.ico.gov.uk).

Section 3 - Copyright notice

Section 3.1

What was the year of first publication of the relevant copyright material (or the range of years)? Who is the principal owner of copyright in the website?

Section 4 - Licence to use website

The scope of the licence to use will vary with each site. Consider carefully exactly what your users should be allowed to do with your website and material on your website.

Section 4.3

Optional element.

For what purposes may the website be used?

Section 5 - Acceptable use

Section 5.1

(e) - Should all automated interactions with the website be prohibited?

(f) - Will the website incorporate a robots.txt file?

(g) - Should users be prohibited from using the website for direct marketing activity?

Section 5.2

Should the use of data collected from the website to contact people and businesses be prohibited?

Section 5.3

What standard of veracity etc should user-submitted content meet?

Section 7 - Limitations and exclusions of liability

Limitations and exclusions of liability are regulated and controlled by law, and the courts may rule that particular limitations and exclusions of liability are unenforceable.

The courts may be more likely to rule that provisions excluding liability, as opposed to those merely limiting liability, are unenforceable.

If there is a risk that any particular limitation or exclusion of liability will be found to be unenforceable by the courts, that provision should be drafted as an independent term, and be numbered separately from the other provisions.

It may improve the chances of a limitation or exclusion of liability being found to be enforceable if it was specifically drawn to the attention of the relevant person.

In English law, exclusions and limitations of liability in legal notices are regulated by the Unfair Contract Terms Act 1977 ("UCTA").

Legal notices regulated by UCTA cannot exclude or restrict a party's liability for death or personal injury resulting from negligence (Section 2(1), UCTA).

Except insofar as the relevant term satisfies the requirements of reasonableness, such legal notices cannot exclude or restrict liability for negligence (Section 2(2), UCTA).

These guidance notes provide a very incomplete and basic overview of a complex subject. Accordingly, you should take legal advice if you may wish to rely upon a limitation or exclusion of liability.

Section 7.1

Do not delete this provision (except upon legal advice). Without this provision, the specific limitations and exclusions of liability in the document are more likely to be unenforceable.

Section 7.3

Do you want to attempt to exclude all liability for free services and information?

This sort of exclusion is quite common, but unlikely to be enforceable in court.

Section 7.8

If the website operator is a limited liability entity (e.g. a limited company), do you want to expressly exclude liability on the part of officers and employees?

Section 8 - Variation

Changes to legal documents published on a website will not generally be retrospectively effective, and variations without notice to and/or consent from relevant users may be ineffective.

Section 10 - Law and jurisdiction

The questions of which law governs a document and where disputes relating to the document may be litigated are two distinct questions.

Section 10.1

Which law should govern the document?

This document has been drafted to comply with English law, and the governing law provision should not be changed without obtaining expert advice from a lawyer qualified in the appropriate jurisdiction. In some circumstances the courts will apply provisions of their local law, such as local competition law or consumer protection law, irrespective of a choice of law clause.

Section 10.2

Should the jurisdiction granted be exclusive or non-exclusive? Choose "non-exclusive" jurisdiction if you may want to enforce the terms and conditions against users outside England and Wales. Otherwise, choose "exclusive jurisdiction". The courts of which country or jurisdiction should adjudicate disputes under the document?

In some circumstances your jurisdiction clause may be overridden by the courts.

Section 11 - Statutory and regulatory disclosures

Do the Electronic Commerce (EC Directive) Regulations 2002 apply to the website or is the website operator registered for VAT?

This section can be deleted where website operator is not registered for VAT and the Electronic Commerce (EC Directive) Regulations 2002 do not apply. Generally, those Regulations will apply unless a website is entirely non-commercial, i.e. where a website does not offer any goods or services and does not involve any remuneration (which includes remuneration for carrying AdSense or other advertising).

Section 11.1

Is the website operator registered in a trade or similar register that is available to the public?

What is the name of the trade register? At what URL can the trade register be found? What is the website operator's registration number?

The Electronic Commerce (EC Directive) Regulations 2002 provide that if you are "registered in a trade or similar register available to the public", you must provide "details of the register in which the service provider is entered and his registration number, or equivalent means of identification in that register".

Section 11.2

Is the website operator subject to an authorisation scheme (e.g. under financial services legislation)?

What is the name of the authorisation scheme to which the website operator is subject? What authority supervises the authorisation scheme?

The Electronic Commerce (EC Directive) Regulations 2002 provide that "where the provision of the service is subject to an authorisation scheme" you must provide

"the particulars of the relevant supervisory authority".

Section 11.3

Is the service provider a member of a regulated profession (e.g. solicitors)?

What is the website operator's professional title? Which professional body regulates the website operator? In which jurisdiction was the professional title granted? What is the name of the document containing the rules governing the profession? At what URL can the rules be found?

The Electronic Commerce (EC Directive) Regulations 2002 provide that if "the service provider exercises a regulated profession", it must provide "(i) the details of any professional body or similar institution with which the service provider is registered; (ii) his professional title and the member State where that title has been granted; (iii) a reference to the professional rules applicable to the service provider in the member State of establishment and the means to access them".

Section 11.4

Does the website operator subscribe to any codes of conduct?

Identify the codes of conduct in question. Where can the codes be viewed?

The Electronic Commerce (EC Directive) Regulations 2002 provide that "a service provider shall indicate which relevant codes of conduct he subscribes to and give information on how those codes can be consulted electronically".

Section 11.5

Is the website operator registered for VAT?

What is the website operator's VAT number?

Section 12 - Our details

Section 12.1

What is the name of the company, partnership, individual or other legal person or entity that owns and operates the website?

Section 12.2

Is the website operator a company?

In what jurisdiction is the website operator registered? What is the website operator's company registration number or equivalent? What is the website operator's registered address?

Section 12.3

Optional element.

Where is the website operator's head office or principal place of business?

Section 12.4

What is the website operator's contact email address? What is the website operator's contact telephone number?

Terms and conditions of use

1. Introduction

1.1 These terms and conditions shall govern your use of our website.

1.2 By using our website, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.

1.3 If you [register with our website, submit any material to our website or use any of our website services], we will ask you to expressly agree to these terms and conditions.

1.4 You must be at least [18] years of age to use our website; and by using our website or agreeing to these terms and conditions, you warrant and represent to us that you are at least [18] years of age.

1.5 Our website uses cookies; by using our website or agreeing to these terms and conditions, you consent to our use of cookies in accordance with the terms of our [privacy and cookies policy].

2. Credit

2.1 This document was created using a template from SEQ Legal (http://www.seqlegal.com).

3. Copyright notice

3.1 Copyright (c) [year(s) of first publication] [full name].

3.2 Subject to the express provisions of these terms and conditions:

(a) we, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website; and

(b) all the copyright and other intellectual property rights in our website and the material on our website are reserved.

4. Licence to use website

4.1 You may:

(a) view pages from our website in a web browser;

(b) download pages from our website for caching in a web browser;

(d) [stream audio and video files from our website; and]

(e) [use [our website services] by means of a web browser,]

subject to the other provisions of these terms and conditions.

4.2 Except as expressly permitted by Section 4.1 or the other provisions of these terms and conditions, you must not download any material from our website or save any such material to your computer.

4.3 You may only use our website for [your own personal and business purposes], and you must not use our website for any other purposes.

4.4 Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our website.

4.5 Unless you own or control the relevant rights in the material, you must not:

(a) republish material from our website (including republication on another website);

(b) sell, rent or sub-license material from our website;

(d) exploit material from our website for a commercial purpose; or

(e) redistribute material from our website.

4.6 Notwithstanding Section 4.5, you may redistribute [our newsletter] in [print and electronic form] to [any person].

4.7 We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.

5. Acceptable use

5.1 You must not:

(a) use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;

(b) use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;

(e) [access or otherwise interact with our website using any robot, spider or other automated means;]

(f) [violate the directives set out in the robots.txt file for our website; or]

(g) [use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).]

5.2 You must not use data collected from our website to contact individuals, companies or other persons or entities.

5.3 You must ensure that all the information you supply to us through our website, or in relation to our website, is [true, accurate, current, complete and non-misleading].

6. Registration and accounts

6.1 To be eligible for an individual account on our website under this Section 6, you must [be at least 18 years of age and resident in the United Kingdom].

6.2 You may register for an account with our website by [completing and submitting the account registration form on our website, and clicking on the verification link in the email that the website will send to you].

6.3 You must not allow any other person to use your account to access the website.

6.4 You must notify us in writing immediately if you become aware of any unauthorised use of your account.

6.5 You must not use any other person's account to access the website[, unless you have that person's express permission to do so].

7. User IDs and passwords

7.1 If you register for an account with our website, [we will provide you with / you will be asked to choose] a user ID and password.

7.2 Your user ID must not be liable to mislead and must comply with the content rules set out in Section 10; you must not use your account or user ID for or in connection with the impersonation of any person.

7.3 You must keep your password confidential.

7.4 You must notify us in writing immediately if you become aware of any disclosure of your password.

7.5 You are responsible for any activity on our website arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.

8. Cancellation and suspension of account

8.1 We may:

(a) [suspend your account;]

(b) [cancel your account; and/or]

at any time in our sole discretion without notice or explanation.

8.2 You may cancel your account on our website [using your account control panel on the website].

9. Your content: licence

9.1 In these terms and conditions, "your content" means all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to us or our website for storage or publication on, processing by, or transmission via, our website.

9.2 You grant to us a [worldwide, irrevocable, non-exclusive, royalty-free licence] to [use, reproduce, store, adapt, publish, translate and distribute your content in any existing or future media / reproduce, store and publish your content on and in relation to this website and any successor website / reproduce, store and, with your specific consent, publish your content on and in relation to this website].

9.3 You grant to us the right to sub-license the rights licensed under Section 9.2.

9.4 You grant to us the right to bring an action for infringement of the rights licensed under Section 9.2.

9.5 You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law.

9.6 You may edit your content to the extent permitted using the editing functionality made available on our website.

9.7 Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may delete, unpublish or edit any or all of your content.

10. Your content: rules

10.1 You warrant and represent that your content will comply with these terms and conditions.

10.2 Your content must not be illegal or unlawful, must not infringe any person's legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).

10.3 Your content, and the use of your content by us in accordance with these terms and conditions, must not:

(a) be libellous or maliciously false;

(b) be obscene or indecent;

(c) infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;

(d) infringe any right of confidence, right of privacy or right under data protection legislation;

(e) constitute negligent advice or contain any negligent statement;

(f) constitute an incitement to commit a crime[, instructions for the commission of a crime or the promotion of criminal activity];

(g) be in contempt of any court, or in breach of any court order;

(h) be in breach of racial or religious hatred or discrimination legislation;

(i) be blasphemous;

(j) be in breach of official secrets legislation;

(k) be in breach of any contractual obligation owed to any person;

(l) [depict violence[ in an explicit, graphic or gratuitous manner];]

(m) [be pornographic[, lewd, suggestive or sexually explicit];]

(n) [be untrue, false, inaccurate or misleading;]

(o) [consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;]

(p) [constitute spam;]

(q) [be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory; or]

(r) [cause annoyance, inconvenience or needless anxiety to any person.]

11. Limited warranties

11.1 We do not warrant or represent:

(a) the completeness or accuracy of the information published on our website;

(b) that the material on the website is up to date; or

11.2 We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.

11.3 To the maximum extent permitted by applicable law and subject to Section 12.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website and the use of our website.

12. Limitations and exclusions of liability

12.1 Nothing in a contract under these terms and conditions will:

(a) limit or exclude any liability for death or personal injury resulting from negligence;

(b) limit or exclude any liability for fraud or fraudulent misrepresentation;

(d) exclude any liabilities that may not be excluded under applicable law.

12.2 The limitations and exclusions of liability set out in this Section 12 and elsewhere in a contract under these terms and conditions:

(a) are subject to Section 12.1; and

(b) govern all liabilities arising under that contract or relating to the subject matter of that contract, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in that contract.

12.3 To the extent that our website and the information and services on our website are provided free of charge, we will not be liable for any loss or damage of any nature.

12.4 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

12.5 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial

opportunities or goodwill.

12.6 We will not be liable to you in respect of any loss or corruption of any data, database or software.

12.7 We will not be liable to you in respect of any special, indirect or consequential loss or damage.

12.8 You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).

13. Breaches of these terms and conditions

13.1 Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:

(a) send you one or more formal warnings;

(b) temporarily suspend your access to our website;

(d) block computers using your IP address from accessing our website;

(e) contact any or all of your internet service providers and request that they block your access to our website;

(f) commence legal action against you, whether for breach of contract or otherwise; and/or

(g) suspend or delete your account on our website.

13.2 Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).

14. Variation

14.1 We may revise these terms and conditions from time to time.

14.2 [The revised terms and conditions shall apply to the use of our website from the date of publication of the revised terms and conditions on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions. / We will give you written notice of any revision of these terms and conditions, and the revised terms and conditions will apply to the use of our website from the date that we give you such notice; if you do not agree to the revised terms and conditions, you must stop using our website.]

14.3 If you have given your express agreement to these terms and conditions, we will ask for your express agreement to any revision of these terms and conditions; and if you do not give your express agreement to the revised terms and conditions within such period as we may specify, we will disable or delete your account on the website, and you must stop using the website.

15. Assignment

15.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.

15.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.

16. Severability

16.1 If a provision of a contract under these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.

16.2 If any unlawful and/or unenforceable provision of a contract under these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

17. Third party rights

17.1 A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.

17.2 The exercise of the parties' rights under a contract under these terms and conditions is not subject to the consent of any third party.

18. Entire agreement

18.1 Subject to Section 12.1, these terms and conditions, together with [our privacy and cookies policy], shall constitute the entire agreement between you and us in relation to your use of our website and shall supersede all previous agreements between you and us in relation to your use of our website.

19. Law and jurisdiction

19.1 A contract under these terms and conditions shall be governed by and construed in accordance with [English law].

19.2 Any disputes relating to a contract under these terms and conditions shall be subject to the [exclusive / non-exclusive] jurisdiction of the courts of [England].

20. Statutory and regulatory disclosures

20.1 We are registered in [trade register]; you can find the online version of the register at [URL], and our registration number is [number].

20.2 We are subject to [authorisation scheme], which is supervised by [supervisory authority].

20.3 We are registered as [title] with [professional body] in [the United Kingdom] and are subject to [rules], which can be found at [URL].

20.4 We subscribe to [code(s) of conduct], which can be consulted electronically at [URL(s)].

20.5 Our VAT number is [number].

21. Our details

21.1 This website is owned and operated by [name].

21.2 We are registered in [England and Wales] under registration number [number], and our registered office is at [address].

21.3 Our principal place of business is at [address].

21.4 You can contact us by writing to the business address given above, by using our website contact form, by email to [email address] or by telephone on [telephone number].

Drafting notes for free website terms and conditions

Our website terms and conditions template has been designed for use on websites with basic interactive features, such as blogs, bulletin boards and forum-based sites. It includes, amongst other things, a licence specifying how the website may be used, a disclaimer of liability, a statutory disclosures section and rules on user-contributed content. It is an extended version of our website disclaimer document.

Free website terms and conditions body

Section 1 - Introduction

Section 1.2

The completed document should be easily accessible on the website, with a link from every page.

Section 1.3

Under what circumstances will users be asked to give their express consent to the terms of this document?

Ideally, from a legal perspective, all users would be asked to expressly agree to the terms of the document. However, in practice, express consent is rarely sought from casual website visitors. On the other hand, it is easy to obtain the express consent of users who register with the website or submit any material to the website, e.g. by clicking "I accept" on an electronic version of the document. You should retain evidence of the acceptance of the document terms by each such user.

Section 1.4

Are there any age restrictions on the use of the website?

What is the minimum age for website users?

The use of websites by minors can be legally problematic. There are a number of different legal issues. For example, under English law, contracts may be unenforceable against minors. Another issue concerns data protection. The law of data protection imposes additional burdens in relation to the processing of any personal data of a minor and personal data provided by a minor. The effects of the law of indecency may also depend upon whether a website is accessible by minors. Obviously, the inclusion of a requirement in your terms and conditions that minors refrain from using a website is no guarantee that they will do so. Where your website is directed at, or likely to be used by, minors, we recommend that you seek specialist legal advice.

Section 1.5

Does the website use cookies (including session cookies and third party cookies)?

What is the title of the document on the website that contains cookie information?

Section 3 - Copyright notice

Section 3.1

What was the year of first publication of the relevant copyright material (or the range of years)? Who is the principal owner of copyright in the website?

Section 4 - Licence to use website

The scope of the licence to use will vary with each site. Consider carefully exactly what your users should be allowed to do with your website and material on your website.

Section 4.1

(d) - Will audio and/or video files be published on the website?

(e) - Will the website make available any dynamic services to users? Describe the website services in question.

Section 4.3

Optional element.

For what purposes may the website be used?

Section 4.6

Are users permitted to redistribute any specific content from the website (e.g. newsletters)?

What types of content are redistributable? In what formats may redistributable content be redistributed? To whom may redistributable content be redistributed?

Section 5 - Acceptable use

Section 5.1

(e) - Should all automated interactions with the website be prohibited?

(f) - Will the website incorporate a robots.txt file?

(g) - Should users be prohibited from using the website for direct marketing activity?

Section 5.2

Should the use of data collected from the website to contact people and businesses be prohibited?

Section 5.3

What standard of veracity etc should user-submitted content meet?

Section 6 - Registration and accounts

Section 6.1

Do any eligibility criteria apply to account registration?

What eligibility criteria apply?

Section 6.2

How do users register with the website?

Section 6.3

Will users be permitted to share their accounts?

Section 6.5

Are users permitted to use another person's account on the website with the permission of that other person?

Section 7 - User IDs and passwords

Section 7.1

How will users' login details be generated?

Section 8 - Cancellation and suspension of account

Section 8.1

Which of these general rights over user accounts does the website operator have?

Section 8.2

How can a user cancel his or her account on the website?

Section 9 - Your content: licence

Section 9.2

What type of licence do users grant to the website operator? What does the licence allow the website operator to do with user content?

Section 9.4

Should the website operator be granted a right to bring proceedings in respect of third party infringements?

Section 9.5

Should users be asked to waive their moral rights (such as the right of paternity and the right to object to derogatory treatment) in the content they submit to the website?

Section 9.6

Can users edit their own content after it has been posted to the website?

Section 10 - Your content: rules

Section 10.2

This very general prohibition against unlawful user content may be supplemented by rules relating to specific kinds of illegality, as well as prohibitions upon lawful but undesirable content.

Section 10.3

(f) - Do you want to expressly prohibit the publication by users of information about how to commit crimes and the promotion of criminal activities?

(l) - Should the depiction of violence be prohibited? Should the prohibition on depicting violence be limited to explicit etc violence?

(m) - Should pornographic material be prohibited? Should the prohibition on pornographic material be supplemented with a prohibition on lewd, suggestive or sexually explicit material?

(n) - Should untrue, false, inaccurate or misleading content be prohibited?

(o) - Should potentially dangerous advice be prohibited?

(p) - Should spam be prohibited?

(q) - Should offensive etc material be prohibited?

(r) - Should annoying etc material be prohibited?

Section 12 - Limitations and exclusions of liability

Contractual limitations and exclusions of liability are regulated and controlled by law, and

the courts may rule that particular limitations and exclusions of liability in contracts are unenforceable.

The courts are particularly likely to intervene where a party is seeking to rely on a limitation or exclusion of liability in its standard terms and conditions, but will also sometimes intervene where a term has been individually negotiated.

The courts may be more likely to rule that provisions excluding liability, as opposed to those merely limiting liability, are unenforceable.

It may improve the chances of a limitation or exclusion of liability being found to be enforceable if the party seeking to rely upon it specifically drew it to the attention of the other party before the contract was entered into.

Exclusions and limitations of liability in UK contracts are primarily regulated by the Unfair Contract Terms Act 1977 ("UCTA").

Contracts regulated by UCTA cannot exclude or restrict a party's liability for death or personal injury resulting from negligence (Section 2(1), UCTA).

Except insofar as the relevant term satisfies the requirements of reasonableness, such contracts cannot exclude or restrict liability: (i) for negligence (which includes a breach of an express or implied contractual obligation to take reasonable care or exercise reasonable skill) (Section 2(2), UCTA); or (ii) for misrepresentation (Section 3, Misrepresentation Act 1967).

In addition, if a contract is regulated by UCTA, and one of the parties is dealing on the other's written standard terms of business, then except insofar as the relevant contractual term satisfies the requirements of reasonableness the other party cannot: (i) exclude or restrict his liability in respect of a breach of contract; or (ii) claim to be entitled to render a contractual performance substantially different from that which was reasonably expected of him; or (iii) claim to be entitled, in respect of the whole or any part of his contractual obligation, to render no contractual performance at all (see Section 3, UCTA).

UCTA includes various other restrictions, particularly in the case of contracts for the sale of goods and contracts under which possession or ownership of goods passes.

If you wish to try to limit/exclude for liability in respect of reckless, deliberate, personal and/or repudiatory breaches of contract, you should specify this in relation to the relevant provision (for example, using the following wording: "The limitations and exclusions of liability in this Clause [number] will apply whether or not the liability in question arises out of any reckless, deliberate, personal and/or repudiatory conduct or breach of contract"). In many circumstances, however, the courts will find these types of limitations and exclusions to be unenforceable.

Somewhat different rules apply to limitations of liability in contracts with consumers, and these provisions should not be used in relation to such contracts.

These guidance notes provide a very incomplete and basic overview of a complex subject. Accordingly, you should take legal advice if you may wish to rely upon a limitation or exclusion of liability.

Section 12.1

Do not delete this provision (except upon legal advice). Without this provision, the specific limitations and exclusions of liability in the document are more likely to be unenforceable.

Section 12.3

Do you want to attempt to exclude all liability for free services and information?

This sort of exclusion is quite common, but unlikely to be enforceable in court.

Section 12.7

"Consequential loss" has a special meaning in English law: it means any loss that, whilst not arising naturally from the breach, was specifically in the contemplation of the parties when the contract was made.

Section 12.8

If the website operator is a limited liability entity (e.g. a limited company), do you want to expressly exclude liability on the part of officers and employees?

Section 14 - Variation

Changes to legal documents published on a website will not generally be retrospectively effective, and variations without notice to and/or consent from relevant users may be ineffective.

Section 14.2

Will website users be notified of changes to the document?

Section 14.3

Will registered users be required to consent to variations?

Section 17 - Third party rights

This provision is designed to exclude any rights a third party may have under the Contracts (Rights of Third Parties) Act 1999.

Section 18 - Entire agreement

Section 18.1

What other documents govern the use of the website?

Section 19 - Law and jurisdiction

The questions of which law governs a document and where disputes relating to the document may be litigated are two distinct questions.

Section 19.1

Which law should govern the document?

Section 19.2

In some circumstances your jurisdiction clause may be overridden by the courts.

Section 20 - Statutory and regulatory disclosures

Do the Electronic Commerce (EC Directive) Regulations 2002 apply to the website or is the website operator registered for VAT?

Section 20.1

Is the website operator registered in a trade or similar register that is available to the public?

What is the name of the trade register? At what URL can the trade register be found? What is the website operator's registration number?

Section 20.2

Is the website operator subject to an authorisation scheme (e.g. under financial services legislation)?

What is the name of the authorisation scheme to which the website operator is subject? What authority supervises the authorisation scheme?

The Electronic Commerce (EC Directive) Regulations 2002 provide that "where the provision of the service is subject to an authorisation scheme" you must provide "the particulars of the relevant supervisory authority".

Section 20.3

Is the service provider a member of a regulated profession (e.g. solicitors)?

Section 20.4

Does the website operator subscribe to any codes of conduct?

Identify the codes of conduct in question. Where can the codes be viewed?

Section 20.5

Is the website operator registered for VAT?

What is the website operator's VAT number?

Section 21 - Our details

Section 21.1

What is the name of the company, partnership, individual or other legal person or entity that owns and operates the website?

Section 21.2

Is the website operator a company?

In what jurisdiction is the website operator registered? What is the website operator's company registration number or equivalent? What is the website operator's registered address?

Section 21.3

Optional element.

Where is the website operator's head office or principal place of business?

Section 21.4

What is the website operator's contact email address? What is the website operator's contact telephone number?