Help in creating Software/service agreement form?

[Darbien]

Our website is providing a service to customers that require them to download and install an application (exe file) to use the service.

For the software and service agreement form that the user must consent to (to make sure the user are over the age of 18 and they agree with the form), do I need an actual lawyer to create it or are there available templates out there that I can use?

Also, does it matter when the user must click "ok" to the agreemnt form: either client software installation or when they are signing up for their account on the website?

[wh666-666]

It depends. If you havnt been screwed over before in your life and dont have much business experience consider business consultation or legal aid although you shouldnt need legal aid unless its a very grey area and a dodgy kinda website.

I would recommend to draw up a list, what could people potentially sue me over, how stupid are people etc. Then write conditions covering issues like agreeing to your website policy, plaugerism, trying to blame your software for software conflicts on their system etc. Theres loads of things and really make sure you cover your bases and in your terms make sure you can make them easily editable and flexible by putting things like "we maintain the the right to modify, omit or add any policies at any time" blah blah. We could go on forever but as i said draw up a list theorising your a user of your site and how you would try to exploit it, write your terms to cover yourself from there then pass this and your site on to a friend/associate and they may pick up something you've missed.

If you need someone to look over this that has experience (and you dont know other people who write legal agreements alot of the time) feel free to IM me with more info and il be glad to give you pointers.

[wh666-666]

And on an addition it would be best for the software and site to have seperate agreement forms and as per standard before they either sign up or install have them agree. On www.javascript.com there are scripts for age verification. And i dont know how adult it is but theres certain "adult" sites which just require a first name, DOB and agreeance to terms as a digital signature. All i can say is give us more information as to what kind of site your planning and be very careful when creating 18+ user sites. You can get in alot of trouble if you do this carelessly.