[hotcouponworld]

I am in a business law class this term for my master's degree program and I asked my instructor about this. His comment was that the litigant would have much to prove that they were somehow financially harmed by your board.

He agreed that TOS was very important and needed to be tightly written to include things like a choice of law clause (we have this - it says if you want to sling it out in court, you have to do it on my turf). That, in a US court, will hold water, so now the person suing you has to come to your backyard to get it done. That's a deterrent in and of itself.

We're still looking into an error and omissions type policy, but I agree with the poster who said a tight TOS also affords lots of protection as well.

People have to remember that the internet isn't public. They are coming to your privately-held place of business, and your rules get to apply.

I would also recommend if you are writing your own TOS to include a clause that if any of your TOS is found to be unenforcable, that it doesn't devoid the rest of the TOS which is. Then that way, the whole TOS can't be thrown out, just the clause that isn't legally binding.