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ARTICLE · 20 MARCH 2025

Take Another Look At Your Terms Of Use And Section 230 Immunity

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The internet was once a place where websites' terms of use promised nothing beyond a threadbare revocable license to use the site, while disclaiming every conceivable obligation or warranty, ensuring maximum legal protection for the website provider.

United StatesTechnology
Tony Weibell
Tony Weibell
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The internet was once a place where websites' terms of use promised nothing beyond a threadbare revocable license to use the site, while disclaiming every conceivable obligation or warranty, ensuring maximum legal protection for the website provider.

But more recently, many online platforms are bowing to pressure from (mostly foreign) regulators and giving their terms of use a complete makeover. They have deleted the disclaimers and legalese of old and introduced new statements of aspiration that tout the safety, security, benefits, and positive experience of their offerings to make users feel better about using the platform.

While this may seem like a positive improvement for both the platform and its users, overhauling terms of use to be as user-friendly as possible has plowed fertile ground for plaintiff lawyers to plant new theories of liability. This is especially true where the new additions to the terms of use cross the line from stating aspirational goals

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