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.
No doubt, its illegal to copy terms and conditions. You should contact their hosting service to act upon.
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.
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.
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.
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):
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.
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.
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.
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.
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.