Proposed Terms of Use Agreement BINDING EFFECT. This provision will explicitly state the agreement is binding and intended to be binding upon the user. It requires that the user agree to the website’s terms, that the user must be of legal age, and it imposes a responsibility on the user check for any future revisions to the terms. PRIVACY POLICY. This provision will give a slight overview of the website’s privacy policy, as well as provide a link to the full text of the privacy policy. There also will be a section about the security of the client’s login information. Because of the structure of your services, most of the detailed client payment information will be covered by the payment services company. There will be a link to the full text of the privacy policy. (Pending) USE OF SOFTWARE. This provision will detail the website’s licensing terms for any software made available through the site. Software is loosely construed and will likely include all the features of your website. You will likely want to include a provision that prohibits reverse-engineering any software, deriving its source code, or any other act to compromise the integrity of your services. USER CONTENT. This provision will require the user to grant a nonexclusive license to the website and its affiliates to use any content created on the website or uploaded on the website in its daily operations. This provision will cover the use of chat information and postings on the blog area of the site. COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS. This provision will inform users that they must agree to use the website in compliance with applicable intellectual property laws. It also requires users to respect the intellectual property rights of others and transfers all liability for the user’s intellectual property violations solely on the user. Moreover, it requires the user to agree to not violate any intellectual property laws through the website’s service. This is very important to your site considering the amount of live content that will be created and then later distributed through download. INAPPROPRIATE CONTENT. This provision requires users to agree not to upload certain forms of prohibited content, including: libelous, defamatory, obscene, pornographic, abusive, or threatening content; content that advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, etc.; or content that advertises or otherwise solicits funds or is a solicitation for goods or services. It reserves the website operator’s right to terminate services to a user who does not abide by the agreement. This will help keep control in your hands if any issues arise in the chat or blog areas of the site. COPYRIGHT INFRINGEMENT. This provision is a legally mandated provision under the Digital Millennium Copyright Act. It informs the user the website operator has adopted a policy that abides by the Digital Millennium Copyright Act’s requirements and explains the relevant contents and how to go about filing a copyright infringement claim. ALLEGED VIOLATIONS. This provision reserves the website owner’s right to terminate service to a user and allows the business to access user accounts to ensure users are not abusing the services. NO WARRANTIES. This provision creates an “as-is” disclaimer informing the user that the website disclaims all liability and expresses no warranties as to the fitness of the website. It will inform users that InteractiveMusicTeacher.com disclaims any warranty of fitness for a particular purpose and it does not guarantee any particular result from the use of its services. LIMITED LIABILITY. This provision will limit your liability to what is accepted under the law. This limitation will apply regardless of whether the compensation arises out of breach of contract, tort, or any other legal theory or form of action. AFFILIATED SITES. This provision will disclaim all liability for acts by third party websites, especially affiliated websites. It also disclaims liability for the information contained on those sites. This will be important since users will be using other sites for purposes such as payment. PROHIBITED USES. This provision prohibits users from violating or attempting to violate any security features, especially accessing certain private content or data, or attempting to probe, scan, or test the vulnerability of the website. This will also include a key prohibition on using the Site or Service to spam users or utilize the website for an unapproved commercial advantage. It also informs the user that any violation of system or network security may subject the user to civil and/or criminal liability. Much of the content within this provision will require your input where noted in the terms. Please review this provision to make sure it fully addresses all possible abuses of your website’s services. INDEMNITY. This provision requires the user to cover the website operator for the user’s actions and the liability that might arise from these actions. It also imposes a duty on the website operator to promptly notify the user if any claims arise. COPYRIGHT. This will inform the user that InteractiveMusicTeacher.com owns all content. Without consent, InteractiveMusicTeacher.com will not allow users to copy, reproduce, modify, redistribute, etc. any content. GOVERNING LAW. This will include a clause concerning the choice of jurisdiction and choice of law to be used in any law suit. Since you see the likelihood of his site being used by international costumers this is an important section. However, the applicability of such a provision is likely a complex question when considering all the possibilities. This section will at least be a good starting point for your protection. LINKING. This provision must discuss two aspects of linking: First, you will likely provide links for users taking advantage of payment services on paypal.com. For this type of arrangement, you will want to include a disclaimer stating the function of these links and require users to indemnify him for the information contained in those thinks. Second, other website operators may want to link to your website. To maintain an element of control, you should implement a policy stating the terms of permissible use linking to his website. For example, you might only want linking done to your home page, and not to specific pages within your website. Also, a website operator may want to utilize his logo to display the link, rather than having a plain hyperlink text. You will likely want to control how your logo is displayed on another website, especially with regard to what other content will be displayed in proximity to his logo. Accordingly, you may want to include, in the Terms of Use, a statement that any website operator who would like to link to your website must contact you and pursue a Linking Agreement. SEVERABILITY; WAIVER. Similar to other contracts, the terms here will include a clause informing the user that all other terms and conditions will remain unaffected and in full force and effect even if other terms are invalidated. It also specifies the terms about waiving breaches of the terms. NO LICENSE. This will expressly communicate to the user that the website operator does not extend any licenses whatsoever to the user, except those necessary to use the website services. CALIFORNIA USE ONLY. This provision will inform the user that the website is operated in CA and that the suitability of the website’s services are limited to California jurisdiction. This will be important because your business cannot meet the needs of every possible user throughout the world at this stage. MODIFICATIONS. This provision gives the website operator full discretion to modify or edit the terms, the website, and any services offered. It imposes a duty on the user to remain informed of any changes to the Terms and discontinue use if the user does not agree. ACKNOWLEDGEMENT. This will inform the user that by clicking “I Agree” the user will expressly acknowledge all the Term’s requirements. If a browse-wrap agreement, this will inform the user that by using the website, the user agrees to the terms of use.