A web site should contain, in a prominent location, a hyperlink to the Terms of Use, to which a user must agree in order to gain access to or use the site.  The agreement should give users notice that the web site content is protected by intellectual property law, and should set forth the user’s rights, if any, to copy, store or modify the materials.  In addition, the agreement should prohibit users from publishing materials which are unlawful, including, for instance, materials which are obscene, pornographic, defamatory, harassing, threatening or abusive to others.

Liability, and allocation of liability, should also be addressed.  Typically, web site operators will seek to broadly disclaim liability, damages or injuries arising from a party’s use of the web site and disclaim the accuracy and completeness of content.