This document can be used as a website acceptable use policy. It sets out the different ways that a user can and cannot use the website and takes account of a number of factors including:
It should be noted that this document only includes an acceptable use policy. It will refer to a terms and conditions of use, which creates the legal basis upon which users access a website. As such this document should only be used alongside such a terms and conditions of use document which can be obtained separately.
Websites using the document should consider and be aware of the EU's Online Dispute Resolution platform, which is referred to within the document.
If the website regularly receives submissions from users, the website operators may also wish to consider the laws surrounding defamation, whether to operate a process that provides a defence to potential defamation claims, and whether to adopt a defamation policy and procedure.
Additionally, if any third party services are used on the site (such as payment providers), consideration must be paid to whether any further terms must be added to the document. Typically such terms will be mandated by such services and can be determined through a request to the provider.
Finally, it should be noted that this document has been created for use by general, common sites, which do not present more specific legal issues. If the website has content which is likely to create more specific issues, or is targeted at a sensitive audience, this document is not appropriate for use. In particular, if the website concerns regulated activities (including those covered by the Financial Conduct Authority), encourages dangerous or risky activities, offers legally restricted content or products, or is aimed at use by children, this document should not be used.
How to use the document
In order for the acceptable use policy to be legally binding on a user of the website, the user will have to actually be made aware of them, and will have to be considered to agree to them. So firstly, the policy will need to be published on the website and then thereafter referred to within the website's terms and conditions of use.
Any applicable law
Consumer Rights Act 2015
Electronic Commerce (EC Directive) Regulations 2002
The Company, Limited Liability Partnership and Business (Names and Trading Disclosures) Regulations 2015
Equality Act 2010
Contracts (Rights of Third Parties) Act 1999
The Alternative Dispute Resolution for Consumer Disputes (Competent Authorities and Information) Regulations 2015
Regulation on Consumer ODR (Regulation (EU) no. 524/2013)
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