Terms of service are the legal agreements between the provider of a service—such as a website—and the users of the service. When a user is given proper notice of these terms and agrees to or accepts the terms by some affirmative act, such as continuing to use the service or ticking a box to indicate agreement, the parties form an enforceable contract regarding the user’s use or purchase of the product or service. Terms of service are also commonly referred to as terms of use, terms and conditions, or abbreviated as TOS or T&C.
In Alabama, as in other states, terms of service (TOS) or terms and conditions are considered legally binding contracts between a service provider and the user, provided that the user has been given proper notice and has accepted these terms through an affirmative act. This act of acceptance could be checking a box to indicate agreement, creating an account, or simply continuing to use the service. The enforceability of these online contracts in Alabama follows general contract law principles, which require that the agreement includes an offer, acceptance, consideration, and mutual assent. If a user is found to have violated the terms of service, the service provider may take action in accordance with the agreed-upon terms, which could include termination of service or legal action. It is important for users to read and understand the terms of service before agreeing to them, as they outline the rights and responsibilities of both parties.