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 Tennessee, 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 act could be checking a box to indicate agreement, creating an account, or continuing to use the service. The enforceability of these online contracts is generally upheld if the terms are presented in a clear and conspicuous manner, and the user's acceptance is clearly obtained. However, certain provisions within the terms of service may be challenged if they are deemed unconscionable, not within the reasonable expectations of the user, or in violation of applicable laws. It is important for service providers to ensure that their TOS are compliant with both federal laws and specific Tennessee statutes that may govern issues such as consumer protection, data privacy, and electronic transactions.