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 Maine, as in other states, terms of service (TOS) or terms and conditions are considered legally binding contracts between a service provider and its users. These agreements outline the rules and guidelines for using the service and often include provisions related to privacy, user conduct, and limitations of liability. For a TOS to be enforceable in Maine, the user must be given proper notice and must accept the terms through an affirmative act, such as clicking a checkbox or continuing to use the service. This acceptance signifies that the user consents to the terms outlined in the agreement. If the terms are not presented in a clear and reasonable manner, or if the user's acceptance is not properly obtained, the enforceability of the TOS may be challenged. Maine follows the general principles of contract law, which require that agreements be entered into voluntarily and with a mutual understanding of the terms for them to be enforceable.