I'm creating a site with a forum I've programmed from scratch, so it doesn't have one of those built-in ToS boxes like PHPBB and the others do. I've also got registration pages all over my site -- the SHORT registration form (username/email/password only) appears in the same places as post creation boxes would to logged-in users, in addition to a regular registration page. I certainly can't put the ToS or an "Agree" button on all of those. The whole idea is to get more users by minimizing the hassle of the signup process. Also, I see forums always make people check "I agree that I am 13 year old or older blah blah blah." I don't give a rat's ass if they're over 13. Am I supposed to? My site is about science and a family-friendly sport, and it's good for kids to get into that. Sure somebody might say a naughty word and my moderators might theoretically not catch it before somebody sees, but is that my problem? Remember, nobody ever reads a forum ToS. And kids under 13 will sign up of they want to whether they have to lie or not. All these legal formatilies are a complete joke as far as the users are concerned... so do I really need to have them in place at all? I have a copyright notice at the bottom of all my pages. Isn't that enough?
I am not sure wether a terms of service is necessary but I know that sometimes things like a terms of service though not read is still useful for getting rid of liability of anything. At least if the agreement says you're not responsible if they see something offensive that makes it even harder for them to hold anything against you since they did agree to it wether or not they read it. Though what you could do is have the terms of service page but just mention at the registration boxes that if they register they agree to the terms. Just have the word "terms" a link to the terms of service in a new window.
Refer to coppa.org before you decide to allow children under 13 to register without parental consent.
Given how litigious American society has become, it's probably for the best if you make some effort at covering your behind. I don't think anyone thinks that they will be sued until the bench writ comes to their door. JP
Well, be worried about being sued is not illegitimate, normaly online businesses don't get sued, but CraigList is being sued right now for some stuff their users posted.
The real issue is that you don't want your site shut down for something that will only take you 15 minutes to create. That can be pretty inconvenient.
I agree with SubmissionDesk It's still a pretty good thing to have even if almost nobody reads it, at least if someone violates them they have no right to complain for not reading them.
Okay, I added an "I am 13 or older" checkbox to every instance of my registration form. I guess it's just one extra click for the users. Still, it's a really annoying infringement on freedom of speech.
If you define "necessary" as legally required, yes. If you define "necessary" as practically necessary, no, since no one is going to prosecute (I don't think I've heard of a single case involving a typical forum). As far as the non-COPPA parts of a TOS, from what I've heard they're not legally necessary (for example the court considers making a post on a forum to be giving implied consent for moderators to edit the post) but they make things clearer and quicker to deal with should there be a dispute.
Yes, this is necessary. People need some ground rules and it will also help you when there is unwanted behavior in your forum. If this happens you can easily point to the rules and reduce the need for support and answering a lot of emails and complaints.
You are correct when you say no one reads the Terms of Service when they sign up. However, they do read the TOS when they get mad and want to get even! That is when your TOS becomes your best friend. When properly written, the TOS becomes a contract between you and your web site visitors. Since you can dictate your terms on a take it or leave it basis, you are in a position to insulate yourself from most legal difficulties. Don't pass up this opportunity to write a contract that protects you if someone decides to come after you! Your TOS should relieve you from liability from the actions of your forum members who post material in violation of copyright law, trademark law, slander, libel and defamation. Further, you can protect yourself under the COPPA and many other US laws and regulations. Finally, the TOS can make sure the jurisdiction and venue are chosen by you, as well as the choice of laws the court will use in making its decision. Every web site should have a properly written TOS and Privacy Policy for your own protection. Since everyone on the net is used to accepting a web site TOS it will not impact your sales in the least, and it is the best insurance against lawsuits you could ever have!
TOS can't protect you 100% of the time, but it will keep away the wagon chaser lawyers for the most part.
In a word, it is VITAL. I create many of them. I can't tell you how many bad TOS' there are in existence and how people whose forum is important for their living would benefit by spending a few hundred dollars to make sure all their legal documents are done properly. After all, this is your livelihood and the terms govern everything that happens on your web site and what you can and cannot do. A good lawyer will know how to spot issues before they arise.