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 Washington state, as in other jurisdictions, terms of service (TOS) or terms and conditions are considered legally binding agreements between a service provider and the user. 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 often hinges on how they are presented to the users and whether the users have taken an affirmative action to agree to them, such as checking a box or clicking a button. Washington courts generally enforce terms of service agreements if they are presented in a clear and conspicuous manner and the user has had a reasonable opportunity to review them before agreeing. This is consistent with the principles of contract law, which require an offer, acceptance, and consideration. If a user is deemed to have been properly notified of the terms and has indicated their agreement, then the terms of service can be enforced like any other contract. However, if the terms are not presented clearly or are deemed unconscionable or unfair, they may not be enforceable.