I've created a presentation about terms of use and best practices for ensuring enforceability.

It works best in Chrome & Firefox: Terms of Use: Best Practices for Enforceability

Here are the best practices mentioned in the presentation:

  1. Don't put terms in the footer

  2. Linking to terms is fine

  3. Keep records

  4. Don't amend unilaterally without notice

  5. Document amendment process

  6. Don't manually create accounts

  7. Put terms in API returns