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 West Virginia, 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 users are properly notified of these terms and manifest their agreement through an affirmative act—such as checking a box to indicate consent or continuing to use the service—this agreement becomes an enforceable contract under West Virginia law. The enforceability of these online contracts hinges on the user's awareness and acceptance of the terms. If the terms are presented in a clear and conspicuous manner and the user has the opportunity to review them before agreeing, courts are likely to uphold them as binding. However, if the terms are deemed to be unfair, deceptive, or not properly disclosed, they may not be enforceable. West Virginia follows the general principles of contract law, which require mutual assent, consideration, capacity, and legality for a contract to be valid.