No, it is not mandatory to have a terms and conditions document for a website. Smaller websites that do not expect much traffic or interaction from users may decide to forego creating and posting terms and conditions for the website. However, larger websites usually decide to include this document on the website because it is crucial in protecting them from future liability and protects their interests.
The terms and conditions for a website are created exclusively by the owner or administrator of a website. All users opt into these terms and conditions by virtue of using the website where they are clearly posted and accessible to be read by the users.
Terms and conditions for a website are typically governed by a combination of federal law and common law that addresses general principles of contract creation. The Federal Trade Commission (FTC) is responsible for consumer protection laws that prohibit websites from using unfair or deceptive practices. Various states also have their own consumer protection laws, which may include unclear or misleading terms and conditions. The FTC also prohibits false advertising and requires that websites disclose their use of affiliate relationships and sponsored content.
The Children's Online Privacy Protection Act (COPPA) requires that a website get permission from the parents of children under the age of 13 before collecting their data or allowing them to register on the website.
Terms and conditions for a website must include at least the following mandatory information:
In addition to the above mandatory clauses, the following additional information may also be included:
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