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 Montana, as in other states, terms of service (TOS) are considered legally binding agreements between a service provider and its users. These terms outline the rules and guidelines that users must agree to and follow in order to use the service provided. The enforceability of these terms hinges on proper notice to the user and the user's acceptance of the terms, which can be indicated through actions such as checking a box or continuing to use the service. If a user is deemed to have been given reasonable notice of the terms and has indicated acceptance, the terms of service can form a contract that is enforceable under Montana law. This contract will then govern the use of the service and can include provisions related to user behavior, content ownership, liability limitations, and dispute resolution, among others. It is important for users to read and understand the TOS before agreeing, as they are agreeing to all the conditions laid out within the document. If a dispute arises related to the terms of service, Montana courts will generally look to contract law principles to resolve the issue.