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 South Carolina, as in other states, terms of service (TOS), also known as terms of use or terms and conditions, constitute a legal agreement between a service provider and its users. When a user is properly notified of these terms and manifests their agreement through an affirmative action—such as checking a box, clicking a button, or continuing to use the service—this typically creates a binding contract. The enforceability of these online contracts is generally upheld as long as the terms are presented in a clear and conspicuous manner and the user has had a reasonable opportunity to review them before agreeing. South Carolina would apply general contract principles to disputes arising from terms of service agreements, ensuring that the agreements are entered into voluntarily, with mutual consent, and for a lawful purpose. Additionally, federal laws, such as the Electronic Signatures in Global and National Commerce Act (E-SIGN Act), support the validity of electronic contracts and signatures, reinforcing the enforceability of online terms of service agreements.