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website terms of service

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 Delaware, as in other states, terms of service (TOS) are considered legally binding contracts between a service provider and its users, provided that the terms are presented in a manner that gives proper notice to the user and the user accepts them through an affirmative act. This could include actions such as clicking a checkbox to indicate agreement or continuing to use the service after being notified of the terms. Delaware follows the general principles of contract law, which require that for a contract to be enforceable, there must be an offer, acceptance, consideration, and mutual assent. If a user can prove that they were not given proper notice of the terms, or that the terms were unconscionable or not agreed to, they may argue that the contract is unenforceable. However, courts have generally been supportive of enforcing TOS agreements, especially when the user had a clear opportunity to review and accept the terms.

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website terms of service

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website terms of service

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