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Is it illegal to copy terms & conditions?

Discussion in 'Legal Issues' started by shacow, Dec 1, 2008.

  1. muffet

    muffet Active Member

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    #21
    Just kindly send them a notice requesting they remove your T&C from their website within a specified time period if they've copy it word for word then contact their host provider if they haven't removed it within the specified time period. This is what usually happens when someone outsources T&C or Privacy Policy for someone to draft. Individuals claiming to have experience drafting numerous Terms and Conditions or Terms of Use and whatever other legal document that person might require for their website simply copy, paste and rearrange the Terms and Conditions or Terms of Use to suite that buyer's website. What people don't realize is they become legally liable if someone or their business is economically or physically injuried by actions of your business. Sometimes attorneys will keep a draft document for Terms and Conditions which they will revise between different clients depending upon the complexity of that client' business.

    So some Terms and Conditions are going to look copycat depending upon whether that company has the revenue to hire a private lawyer in their industry to draft Terms and Conditions or Terms of Use tailored to their business.
    SEMrush
     
    muffet, Dec 11, 2010 IP
    SEMrush
  2. brenna55

    brenna55 Peon

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    #22
    No doubt, its illegal to copy terms and conditions. You should contact their hosting service to act upon.
     
    brenna55, Dec 13, 2010 IP
  3. MadApples

    MadApples Guest

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    #23
    Unless..... they have there own servers like i do ;) good luck putting a stop to that...

    So what i get is if its changed slightly there is realy nothing that can seriosly be done. simple as that.
     
    MadApples, Dec 14, 2010 IP
  4. Dashizna

    Dashizna Peon

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    #24
    Ok so what if a company copied your terms and conditions 100% and they left your company name and phone still in it in one section.

    I tried calling them but got a answering machine and left a message.

    I did take screen shots of it all for proof.
     
    Dashizna, Oct 26, 2015 IP
  5. Pamela Turns

    Pamela Turns Active Member

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    #25
    Just as with copying any kind of content they would get their business into a lot of trouble if they'd really copy your website's Terms and Conditions. Copying someone else’s work is copyright infringement, which is illegal.
     
    Pamela Turns, Oct 28, 2015 IP
  6. Rohitash Jhunjhunwala

    Rohitash Jhunjhunwala Member

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    #26
    It's not a bad idea to look at privacy policies from comparable companies, in order to make sure you don't miss something. But cutting and pasting can get you in trouble, and there's no reason to do it. Get state of the art language here (under Creative Commons):
     
    Rohitash Jhunjhunwala, Aug 17, 2017 IP
  7. Jeff_from_NJ

    Jeff_from_NJ Peon

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    #27
    As an attorney, its amazing how many people hate us except when they need us. The first words out of peoples mouth is, "I'm going to speak to my attorney". Why? If we are only greedy bastards who like to rape people of their money, why come to us. Answer, because after you vent about your own inability to protect yourself from jerks who lie and steal, see the OP, you come running to us to protect you.

    Go protect yourself if you can, but if you can't, don't complain that I charge you for the time it takes to pull you out of whatever problem you are in. I spent $100,000 going to school to learn my craft, studied nightly while others watched Cheers and drank beer, practiced for 20 years to become good at what I do, pay rent, insurance, staff, etc. etc, etc., and now you come to me and want to begrudge me of making a living?

    I give free advice here because I enjoy it; I get zero benefit helping anyone here. I do not practice in this area so I can't even get a referral for doing this, so this attorney is giving back, and I have only raped one member of money today so far, I'm getting better.
     
    Jeff_from_NJ, Aug 18, 2017 IP
  8. Ferrari310

    Ferrari310 Well-Known Member

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    #28
    Yes it's a copyright violation, you can do a Whois search and using there name servers you can located the hosting company and contact them directly to request the content to be removed if the website owner doesn't comply.
     
    Ferrari310, Sep 2, 2017 IP
  9. Pamela Turns

    Pamela Turns Active Member

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    #29
    You can use these items as a basis for your own privacy policy and contracts, but completely copying these terms and conditions from someone else' website may violate the copyright of the company who is hosting those terms.
     
    Pamela Turns, Oct 2, 2017 IP
  10. DirtRider

    DirtRider Greenhorn

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    #30
    I don't see the point in even worrying about it as has been sated most TOS are very similar anyway and normally small tweaks just for the site are made. I would rather put that effort into a more productive task that could further enhance your site.
     
    DirtRider, Oct 3, 2017 IP
  11. Sumit_Singh

    Sumit_Singh Well-Known Member

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    #31
    Don't wait for anything, send the DMCA notice to their Host soon, because it's your property, how anyone else would copy it and use for their own benefits without your permission.
     
    Sumit_Singh, Oct 3, 2017 IP