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 Arkansas, as in other states, terms of service (TOS) are considered legally binding agreements between a service provider and the user, provided that the user has been given proper notice and has accepted the terms through an affirmative act. This could include actions such as ticking a checkbox to indicate agreement or continuing to use the service after being notified of the terms. These terms, which may also be referred to as terms of use or terms and conditions, outline the rules and guidelines for using the service and often include provisions related to privacy, user conduct, and limitations of liability. If the terms are clear, conspicuous, and accepted by the user, they generally form an enforceable contract under Arkansas law. It is important for service providers to ensure that their TOS are not only legally compliant but also readily accessible and understandable to users to ensure enforceability.