Terms and Conditions – What’s the Big Deal?

As the use of technology increases in classrooms, you may not even think twice about clicking the “I Agree” or “Accept” button. For most people it’s just an annoying button that is quickly clicked in order to gain access to a website. You may even think, “What’s the big deal?”

Well, the big deal is the onslaught of legal issues arising from the use of Internet sites. These legal issues range from copyright infringements, defamation, fraud, and the release of confidential information, just to name a few.

A website’s “Terms of Use” is actually a legally binding contract between the website user and the website owner. Often these agreements are changed without the user knowing.

Below are some excerpts from the Terms of Service from a website that is very popular with teachers, remind101.com, as of August 31, 2013.

• … if you are accepting this Agreement on behalf of an institution, company or other legal entity, you have the authority to bind that institution, company or legal entity to this Agreement. (TEACHERS DO NOT HAVE THIS TYPE OF AUTHORITY)
• Use by children – Company collects limited personal information from minor students…  (VIOLATION OF FERPA)
• You represent and warrant that you are solely responsible for complying with COPPA, which requires parental consent for online collection of personal information from children under 13. You must obtain Consent from all parents whose children will be accessing the Services. When obtaining Consent, you must provide parents with a copy of our Privacy Policy… You must keep signed Consents on file and provide them to Company upon our request.

These are just a few of the legal issues that are present in many of the Terms of Service agreements you click on when using a website. As you can see, simply clicking “I Agree” can have many legal ramifications. Next time you find your mouse finger poised to click the “Accept” button, try taking the time to read the Terms of Service before you click. It just might surprise you!