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 Wisconsin, 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 the user, provided that the user has been given proper notice and has accepted the terms through an affirmative act. This acceptance can be indicated by checking a box, clicking a button, or continuing to use the service. 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 the opportunity to review them before agreeing. Wisconsin would apply general contract principles to disputes over terms of service, ensuring that the agreement was made with mutual assent, consideration, and without duress or deception. It's important to note that certain provisions within terms of service may be subject to scrutiny if they are deemed unconscionable or violate consumer protection laws.