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 New York, as in other states, terms of service (TOS), also known as terms of use or terms and conditions, are considered legally binding contracts between a service provider and its users, provided that certain conditions are met. For the contract to be enforceable, the user must be given proper notice of the terms, which typically occurs when the terms are made available for review before use of the service. The user must also perform an affirmative act to indicate agreement, such as checking a box or clicking an 'I agree' button. New York courts have generally upheld these online agreements as long as they are presented in a clear and conspicuous manner and the user has the opportunity to review them before agreeing. This is consistent with the principles of contract law, which require an offer, acceptance, and consideration. However, if the terms are deemed to be unconscionable, deceptive, or not properly disclosed, they may not be enforceable under New York law.