Gaming Community Website requires ToS

I run a website that provides scripts and tools to help users play massively multiplayer online games. The scripts and tools are provided free of charge. Some of these scripts and tools have the option to store data on my server.

The website has free membership (essentially just registration) that gives access to the following:

- Ability to download / install / use all available scripts and tools

- Ability to read and post in free forum areas

- Access to community based support via to aforementioned free forum areas

I need a Terms of Service for free users that states the scripts and tools are provided free of charge and the website takes no responsibility for how those scripts and tools are used.

The website also has a paid membership 12 month subscription (with 7 day trial period) option that provides the following:

- Everything a free member has access to

- Access to support from the developer for those scripts and tools via paid forum areas

- Acesss to the server database to store data gathered by users

- Ability to search, filter, view and export that data

I am looking for a Terms of Service to be written that the user must accept when they upgrade to Paid membership. The idea of this Terms of Service would cover the following:

- To limit any liability or legal action from the game makers of providing this service to the user

In short the general idea is that the use of the scripts and tools to gather any data is the responsibility of the user and the website only provides a means to store and access that data. Also that support is only provided in regards to the use of, and reporting of bugs associated with, the scripts and tools.

- To inform the user that after the trial period that no refunds will be given (if not satisfied within the trial period then a full refund will be given)

Meaning that if for any reason the ability to gather data or access that data is interrupted that whilst all reasonable attempts to rectify the situation no refund will be given if those attempts fail.

Hopefully I have provided enough information to get across what is required. I know it is a bit of a mine field. Please do not hesitate to request further information. Any additional advice on areas I may of missed that will help with limiting liability would be greatly appreciated.

The website is MMOG Wiki @ [url removed, login to view]


I require two Terms of Service written. One for free users giving them access to the scripts and tools and absolving the website of how the user choose to use those scripts and tools. Another for paid members that covers the same areas as for free users but also stating that they are paying for storage of data, access to that data and developer support. That the website is in no way responsible for the gathering or use of that data.

Skills: Contracts, Legal

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