Online Policy Documents

• Author: David W. Tollen
• Pages: 257-270

257

APPENDIX 4

Online Policy Documents

This appendix covers acceptable use policies (AUPs), Digital Millen-

nium Copyright Act (DMCA) policies, and privacy policies. Compa-

nies doing business online post these documents on their websites to

explain their rules and procedures.

AUPs, DMCA policies, and privacy policies aren’t exactly con-

tract clauses. They’re just statements: information for customers and

other users. Still, some online policy documents work like contract

clauses. When customers buy products and services online, they

often rely on AUPs and privacy policies, and that can make those

policies binding on the vendor. Also, some online agreements require

that customers comply with certain policies, particularly AUPs, while

others fully incorporate all their policies into the contract, transform-

ing them into contract clauses binding on both parties. However this

incorporation issue plays out, vendors limit legal risk if they obey all

their own online policies.

As you’ll see, each policy in the following clause boxes includes

a “Date Posted” or “Effective Date.” You should include these dates

in all your online policies. They help customers determine whether

the policy has changed since they last reviewed it (assuming they

everdo).

Acceptable Use Policies

AUPs outline user behavior that won’t be tolerated. They’re most

useful for services that enable online communication. Internet

service vendors, for instance, should consider AUPs. So should