Terms of Service
Encyclopedia
Terms of service are rules which one must agree to abide by in order to use a service. Unless in violation of consumer protection
laws, such terms are usually legally binding
. Terms of Service can also be referred to as Terms of Use or sometimes merely a Disclaimer, especially regarding the use of websites.
Certain website
s are noted for having carefully designed terms of service, particularly eBay
and PayPal
, which need to maintain a high level of community
trust
because of transactions involving money
. Terms of service can cover a range of issues, including acceptable user behavior online, a company's marketing policies, and copyright notices.
Some organizations, such as Yahoo!
, can change their terms of service without notice to the user base.
s have terms of service—notably AOL
—which many have perceived to be very strict.
Many users do not read the terms of service.
, many of them are also adopting terms of service, separate from the software license agreement
required to utilize the client software
. These Terms of Service generally specify behavior
s that are disallowed within the video game's virtual world
, generally to prevent a player from disrupting another player's game experience. For example, many online games disallow the use of racist speech through communication
channels provided by the game. Many MMORPG
s also disallow the trading
of in-game items with "real world" money.
In 2011, George Hotz
and others were sued by Sony
corporation. Sony claimed that by violating the Terms of Service of the Playstation network, Hotz & others were committing a violation of the law known as a Breach of Contract
.
Consumer protection
Consumer protection laws designed to ensure fair trade competition and the free flow of truthful information in the marketplace. The laws are designed to prevent businesses that engage in fraud or specified unfair practices from gaining an advantage over competitors and may provide additional...
laws, such terms are usually legally binding
Contract
A contract is an agreement entered into by two parties or more with the intention of creating a legal obligation, which may have elements in writing. Contracts can be made orally. The remedy for breach of contract can be "damages" or compensation of money. In equity, the remedy can be specific...
. Terms of Service can also be referred to as Terms of Use or sometimes merely a Disclaimer, especially regarding the use of websites.
Certain website
Website
A website, also written as Web site, web site, or simply site, is a collection of related web pages containing images, videos or other digital assets. A website is hosted on at least one web server, accessible via a network such as the Internet or a private local area network through an Internet...
s are noted for having carefully designed terms of service, particularly eBay
EBay
eBay Inc. is an American internet consumer-to-consumer corporation that manages eBay.com, an online auction and shopping website in which people and businesses buy and sell a broad variety of goods and services worldwide...
and PayPal
PayPal
PayPal is an American-based global e-commerce business allowing payments and money transfers to be made through the Internet. Online money transfers serve as electronic alternatives to paying with traditional paper methods, such as checks and money orders....
, which need to maintain a high level of community
Community
The term community has two distinct meanings:*a group of interacting people, possibly living in close proximity, and often refers to a group that shares some common values, and is attributed with social cohesion within a shared geographical location, generally in social units larger than a household...
trust
Trust (sociology)
In a social context, trust has several connotations. Definitions of trust typically refer to a situation characterised by the following aspects: One party is willing to rely on the actions of another party ; the situation is directed to the future. In addition, the trustor abandons control over...
because of transactions involving money
Money
Money is any object or record that is generally accepted as payment for goods and services and repayment of debts in a given country or socio-economic context. The main functions of money are distinguished as: a medium of exchange; a unit of account; a store of value; and, occasionally in the past,...
. Terms of service can cover a range of issues, including acceptable user behavior online, a company's marketing policies, and copyright notices.
Some organizations, such as Yahoo!
Yahoo!
Yahoo! Inc. is an American multinational internet corporation headquartered in Sunnyvale, California, United States. The company is perhaps best known for its web portal, search engine , Yahoo! Directory, Yahoo! Mail, Yahoo! News, Yahoo! Groups, Yahoo! Answers, advertising, online mapping ,...
, can change their terms of service without notice to the user base.
Internet service providers
Most Internet service providerInternet service provider
An Internet service provider is a company that provides access to the Internet. Access ISPs directly connect customers to the Internet using copper wires, wireless or fiber-optic connections. Hosting ISPs lease server space for smaller businesses and host other people servers...
s have terms of service—notably AOL
AOL
AOL Inc. is an American global Internet services and media company. AOL is headquartered at 770 Broadway in New York. Founded in 1983 as Control Video Corporation, it has franchised its services to companies in several nations around the world or set up international versions of its services...
—which many have perceived to be very strict.
Many users do not read the terms of service.
Video games
As video games move onlineOnline game
An online game is a game played over some form of computer network. This almost always means the Internet or equivalent technology, but games have always used whatever technology was current: modems before the Internet, and hard wired terminals before modems...
, many of them are also adopting terms of service, separate from the software license agreement
Software license agreement
A software license agreement is a contract between the "licensor" and purchaser of the right to use software. The license may define ways under which the copy can be used, in addition to the automatic rights of the buyer including the first sale doctrine and .Many form contracts are only contained...
required to utilize the client software
Client (computing)
A client is an application or system that accesses a service made available by a server. The server is often on another computer system, in which case the client accesses the service by way of a network....
. These Terms of Service generally specify behavior
Behavior
Behavior or behaviour refers to the actions and mannerisms made by organisms, systems, or artificial entities in conjunction with its environment, which includes the other systems or organisms around as well as the physical environment...
s that are disallowed within the video game's virtual world
Virtual world
A virtual world is an online community that takes the form of a computer-based simulated environment through which users can interact with one another and use and create objects. The term has become largely synonymous with interactive 3D virtual environments, where the users take the form of...
, generally to prevent a player from disrupting another player's game experience. For example, many online games disallow the use of racist speech through communication
Communication
Communication is the activity of conveying meaningful information. Communication requires a sender, a message, and an intended recipient, although the receiver need not be present or aware of the sender's intent to communicate at the time of communication; thus communication can occur across vast...
channels provided by the game. Many MMORPG
MMORPG
Massively multiplayer online role-playing game is a genre of role-playing video games in which a very large number of players interact with one another within a virtual game world....
s also disallow the trading
Trade
Trade is the transfer of ownership of goods and services from one person or entity to another. Trade is sometimes loosely called commerce or financial transaction or barter. A network that allows trade is called a market. The original form of trade was barter, the direct exchange of goods and...
of in-game items with "real world" money.
Violation
A ToS violation can result in myriad consequences towards those who are guilty depending on the service and the severity of the violation. Most organizations reserve the right to restrict a user's access to the service if they violate the terms in the agreement. In more serious cases, the user will have his or her account terminated.In 2011, George Hotz
George Hotz
George Francis Hotz , alias geohot, million75 or simply mil, is an American hacker known for unlocking the iPhone, allowing the phone to be used with other wireless carriers, contrary to AT&T and Apple's intent...
and others were sued by Sony
Sony
, commonly referred to as Sony, is a Japanese multinational conglomerate corporation headquartered in Minato, Tokyo, Japan and the world's fifth largest media conglomerate measured by revenues....
corporation. Sony claimed that by violating the Terms of Service of the Playstation network, Hotz & others were committing a violation of the law known as a Breach of Contract
Breach of contract
Breach of contract is a legal cause of action in which a binding agreement or bargained-for exchange is not honored by one or more of the parties to the contract by non-performance or interference with the other party's performance....
.