How to Click Smart - Terms of Service

Does this ring a bell? "Click Here If You Agree To Our Terms and Conditions."

Whether you've made an online purchase, joined a social networking site or simply have booted up your new computer for the first time, odds are you were cruising along until you hit this little roadblock.

If you're like most people, you quickly scroll to the end of the page and click through so you can get on with what you were trying to do in the first place.

But do you really know what you're agreeing to? Are you aware that by clicking "I Agree," you are signing a legally binding agreement?

Most people have come to regard the online version of the TOS (Terms of Service) document as a pain in the you-know-what, but when problems arise later on, such as when monthly fees begin automatically coming out of your bank account or your information is sold to a third party vendor, it's the first place the company directs you to for an explanation.

Cries of "Nobody reads those things" won't help you now. After all, you agreed that you read and understood the TOS. And you can't say that you're not familiar with them. These days, there's a TOS for everything. Violate it and you can find yourself banned from your favorite social networking site, massively multi-player online game (MMOG) or even the very Internet service you use to get online.

For the most part, the TOS is detailed to protect the company providing the service from negligent acts performed by the end-user. For instance, an online multi-player game may ban a user for sexual innuendo or behavior, or a social site may restrict certain inappropriate or copyrighted photographs or content. Internet providers usually impart strict restrictions on the downloading of illegal media or the use of their services for spamming purposes.

While most Terms of Service are understandable, some can be outright crazy. In 2008, a major communications company sent out an 8,000-word update to its TOS agreement. The TOS came in a guidebook format that was 2,500 pages long, twice the heft of the latest Stephen King novel. This update stated that it was not possible for any user to sue the company under any circumstances, as well as a host of other non-user-friendly agreements. California lawmakers called the TOS alteration illegal and quickly worked to force the communications giant into editing their terms.

In another instance, in February of 2009 a popular social networking site altered their TOS to state that they had the right to use their member's content as they saw fit - forever. Thanks to an overwhelming response from its members, the site eventually withdrew the alteration.

These two cases may be extreme, but it's inside the Terms of Service that most companies place the none-too-consumer-friendly information. In this era of speed-of-light transactions, it pays to stop for a minute and finally follow your old man's advice: "Read the fine print."

Step 1

Read the Terms of Service for any Web site on which you are making a monetary transaction, especially if you are receiving a free trial period. This will inform you of when and how much you eventually will be charged, including unexpected charges.

Step 2

Look for the section that details the cancellation of your account. Sometimes, the TOS will require a 30-day notice, an early-termination fee or some other hurdle to canceling your account that you may not have expected.

Step 3

Look for the company's contact information. Make sure that there is a phone number where they can be reached if there is an issue. Try calling it prior to clicking "I Agree" to ensure that it is a working number.

Step 4

Check to make sure that you are not agreeing to download proprietary software that you did not want. Many sites feature toolbar add-ons that automatically get downloaded unless you manually uncheck the box prior to agreeing to the TOS.

Step 5

Look for any mention in the TOS about third party vendors or affiliates. You want to make sure that the company you are doing business with does not sell your information or share it with any of their affiliates.

Step 6

Print out a copy of the Terms and Service agreement, staple the pages together and keep the document in a folder in your office. This way, you have a hard copy to refer to if you ever have a question or concern about your agreement.

The TOS may not be printable on the click-button page, but it is printable on the regular website. Always read and print it from there so you don't accidentally hit the "I Agree" button out of habit.

Step 7

Click on the "I Agree" button only when you have satisfied the previous steps. It may be a pain in the you-know-what, but by looking for these particular sections in the document, you can minimize your risk and ensure that you're making a good decision.

Source: Net