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 Mississippi, 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 acceptance can be indicated by checking a box, clicking an 'I agree' button, or simply by continuing to use the service. The enforceability of these online agreements is generally supported by federal law, specifically the Electronic Signatures in Global and National Commerce Act (E-SIGN Act), which validates electronic signatures and contracts as legally equivalent to written ones. Mississippi does not have specific statutes that address the enforceability of terms of service agreements separately from general contract law. Therefore, the standard principles of contract law apply, which require that the agreement includes an offer, acceptance, consideration, and mutual assent to be enforceable. If a user is a minor or lacks the capacity to understand the agreement, or if the terms are unconscionable or not clearly presented, the terms of service may not be enforceable.