What to Include in Your Website’s Terms of Service: A Guide for Business Owners
At The Fixed Fee Law Firm, PLLC, we understand how important it is for Texas business owners to protect their online presence. One of the most effective tools for doing so is a well-drafted set of terms of service.
In today's digital marketplace, a website without clear terms of service is vulnerable to disputes, legal claims, and reputational harm. Having carefully written terms of service provides clarity for users and legal safeguards for businesses operating in Texas and beyond.
Our work with clients focuses on crafting strong terms of service that reflect the unique needs of each business while keeping in line with current Texas law.
Setting the Legal Groundwork for User Conduct
Terms of service must clearly define acceptable and unacceptable behavior on your website. We work closely with business owners to outline user obligations in a way that is easy to understand yet legally enforceable.
Whether your website offers content, services, products, or a platform for user interaction, it is important to set clear boundaries about what users can and cannot do.
In Texas, courts look closely at whether website owners have provided adequate notice of their terms of service and whether users have accepted them.
We draft and review website terms of service that are prominently displayed and require affirmative acceptance whenever possible, strengthening the likelihood that your terms will be legally binding if challenged.
Limiting Liability and Protecting Your Business
Every business must guard against legal exposure. Terms of service help limit a business’s liability by clearly disclaiming warranties, limiting damages, and setting out the extent of your responsibilities. We draft terms that protect our clients from unreasonable claims while still offering a fair and transparent experience for users.
In Texas, courts will enforce limitation of liability provisions if they are drafted clearly and aren’t unconscionable. We make sure our clients’ terms of service meet these standards, striking a careful balance between protecting the business and maintaining customer trust.
Managing Intellectual Property Rights
Your website’s content is one of your most valuable assets. Terms of service should make clear that your business owns the intellectual property displayed on the site, including text, images, logos, and software.
We help our clients assert these rights firmly in their terms of service while also addressing how users may interact with or use your content.
We also address user-generated content, specifying who owns it, whether you have a license to use it, and what happens if the content violates someone else's rights. By addressing intellectual property carefully, we help Texas businesses avoid disputes and preserve the value of their digital assets.
Governing Law and Dispute Resolution
One of the most overlooked but critical elements of terms of service is a governing law and dispute resolution provision. This section specifies which state's laws will apply if a dispute arises and where legal actions must be filed.
We always recommend that Texas businesses specify that Texas law governs their terms of service and that any legal action must take place within Texas. Doing so can prevent businesses from being dragged into lawsuits across the country or around the globe.
Terms of service can also require arbitration or mediation, helping businesses resolve disputes more quickly and privately.
Creating a Refund and Return Policy
If your website sells products or services, your terms of service should clearly explain your refund, return, and cancellation policies. We work with clients to draft policies that comply with Texas law and federal consumer protection standards, making expectations clear for both sides.
Clear refund and cancellation policies not only protect the business but also prevent misunderstandings and customer dissatisfaction. Well-drafted terms of service make it easier to enforce these policies if a customer later disputes a charge or demands a return that falls outside your stated practices.
Privacy Considerations in Terms of Service
Although a separate privacy policy is usually required, terms of service need to reference your privacy practices. We help businesses include clear language directing users to the website's privacy policy and outlining the relationship between the two documents.
In Texas, businesses must be transparent about how they collect and use personal information. Connecting your terms of service to your privacy practices shows users that you take these responsibilities seriously and helps reinforce the legitimacy of your website’s legal protections.
Updating Terms of Service
A business's online presence is never static. Whether you introduce new services, expand into new markets, or respond to legal changes, your terms of service must be able to evolve with your business.
We include language in every set of terms of service we draft that allows businesses to update their terms when needed. We also advise businesses on how to properly notify users of changes to maintain the enforceability of the updated terms.
Failing to address this issue can leave businesses exposed to claims that users were bound by terms they never accepted.
Addressing E-commerce Specific Issues
If your website handles online sales, your terms of service must address issues unique to e-commerce. We make sure our clients' terms of service include details about pricing, payment processing, shipping, delivery timelines, and taxes.
Texas law imposes specific obligations on online sellers, including rules about disclosures and cancellation rights. We help businesses comply with these laws while using their terms of service to set clear expectations for customers. This proactive approach reduces customer disputes and provides a stronger defense if conflicts arise.
Setting Expectations for Third-Party Links and Content
Most websites include links to third-party websites or display third-party content, such as advertisements or embedded videos. Your terms of service must address these elements to prevent misunderstandings about responsibility.
We draft terms of service that clarify that your business isn’t responsible for the content, policies, or practices of third-party websites. This protects businesses from liability for issues that arise when users interact with third-party sites and reinforces the independence of your business from external entities.
Enforcing Restrictions on Use
Some businesses operate websites that require users to create accounts or participate in online communities. In these cases, your terms of service must outline clear rules about account creation, security, and acceptable behavior.
We help clients design terms of service that give businesses the right to suspend or terminate user accounts for violations. This gives businesses the flexibility to address harmful or disruptive behavior swiftly while maintaining a safe and respectful online environment.
Accessibility and Language Considerations
In Texas and across the country, businesses must be aware of legal obligations related to accessibility. While accessibility laws mainly focus on physical spaces, there is growing attention to digital accessibility. Terms of service can include statements about accessibility efforts and user accommodations.
We work with businesses to draft terms of service that are clear, readable, and inclusive. Even though Texas does not mandate specific language standards for website terms, creating accessible terms helps businesses reach a wider audience and demonstrates a commitment to fairness.
Protecting Against Unauthorized Use and Misconduct
Many businesses worry about misuse of their websites, whether through hacking attempts, content scraping, or other forms of misconduct. Your terms of service must address unauthorized use clearly and firmly.
We draft provisions that prohibit:
Unauthorized access
Use of automated tools
Scraping
Any activity that compromises the website’s integrity
Terms of service also give businesses a legal basis for pursuing action against bad actors when necessary.
Setting Subscription and Membership Terms
If your business offers subscriptions, memberships, or recurring billing, your terms of service must explain these arrangements in detail. Texas law requires clear disclosures about automatic renewals and cancellation procedures.
We help businesses set out these terms clearly in their terms of service, protecting both their interests and their customers' rights. Transparent subscription terms reduce complaints and help businesses build lasting relationships with their customers.
The Next Steps
At The Fixed Fee Law Firm, PLLC, we believe that strong terms of service are essential for any Texas business operating online. Well-crafted terms provide legal protection, foster customer trust, and create a clear structure for your website’s operations. We’re proud to serve the Texas cities of Dallas, Houston, San Antonio, and the surrounding areas. Call today for more information on how we can help.
