Acceptable Use Policies in Terms of Service: What to Include

Acceptable Use Policies: Defining the Rules of Your Platform

An acceptable use policy (AUP) defines what users can and cannot do on your platform. It is one of the most practically important sections of your terms of service because it provides the legal basis for enforcing rules, removing content, and terminating accounts. Without a clear AUP, taking action against problematic users becomes legally risky and operationally difficult.

What Is an Acceptable Use Policy?

An AUP is a set of rules that governs user behavior on your platform. It typically covers:

• Activities that are prohibited
• Content that is not allowed
• Technical restrictions on how the service can be used
• Consequences for violations
• How violations are detected and enforced

Some businesses include the AUP within their terms of service, while others publish it as a separate document that is incorporated by reference.

Why Every Platform Needs an AUP

Legal Protection

An AUP gives you the contractual right to take action against users who misuse your platform. Without it, removing a user or deleting content could be challenged as arbitrary or discriminatory.

Community Safety

For platforms with multiple users, an AUP establishes the behavioral standards that make the platform safe and usable for everyone.

Resource Protection

AUPs prevent abuse of shared infrastructure — such as excessive API calls, storage abuse, or denial-of-service attacks — that could degrade the experience for all users.

Regulatory Compliance

Certain industries require platforms to restrict specific types of content or behavior. An AUP helps demonstrate compliance with these requirements.

Core AUP Provisions

1. Illegal Activities

Prohibit using your platform for any activity that violates applicable law:

• Fraud, identity theft, or financial crimes
• Sale or distribution of illegal goods or controlled substances
• Money laundering or terrorist financing
• Violation of export control laws
• Child exploitation or child sexual abuse material
• Human trafficking

2. Harmful Content

Define content categories that are not permitted:

• Hate speech — Content that attacks individuals or groups based on protected characteristics
• Harassment and bullying — Targeted abuse, threats, or intimidation
• Violence — Content that glorifies, incites, or threatens violence
• Self-harm — Content that promotes or encourages self-harm or suicide
• Misinformation — Deliberately false information intended to deceive or cause harm
• Graphic content — Excessively violent, disturbing, or sexually explicit material (depending on platform context)

3. Intellectual Property Violations

Prohibit content that infringes on others' rights:

• Copyright infringement (unauthorized reproduction of protected works)
• Trademark infringement (unauthorized use of registered marks)
• Trade secret misappropriation
• Counterfeit goods

4. Deceptive Practices

Restrict misleading behavior:

• Impersonation of other users or entities
• Fake accounts or sock puppets
• Misleading product claims or endorsements
• Phishing or social engineering
• Deceptive review practices

5. Security Violations

Prohibit activities that compromise platform security:

• Unauthorized access to accounts or systems
• Distributing malware, viruses, or malicious code
• Attempting to probe or test system vulnerabilities
• Denial-of-service attacks
• Circumventing security measures or access controls

6. Spam and Unsolicited Communications

Address unwanted messaging:

• Mass unsolicited messages
• Automated posting without authorization
• Chain letters and pyramid schemes
• Comment spam and link farming

7. Technical Use Restrictions

Define technical boundaries for using your service:

• Rate limits — Maximum API calls, requests per minute, or concurrent connections
• Storage limits — Maximum data storage per account
• Bandwidth limits — Maximum data transfer per period
• Automated access — Rules about bots, scrapers, and automated tools
• Reverse engineering — Prohibition on decompiling or disassembling software
• Load testing — Prohibition on unauthorized stress testing of your infrastructure

8. Account Usage Rules

Establish rules for account management:

• One account per person (unless explicitly permitted)
• Accurate registration information required
• Account sharing restrictions
• Prohibition on buying, selling, or transferring accounts
• Age requirements for account creation

Enforcement Framework

An AUP is only as effective as its enforcement. Define how you handle violations.

Detection Methods

Describe how violations are identified:

• Automated content moderation systems
• User reports and flagging mechanisms
• Manual review by moderators
• Algorithmic detection of suspicious behavior

Graduated Responses

Implement proportional enforcement:

1. Warning — First-time or minor violations receive a warning with explanation
2. Content removal — Violating content is removed with notification
3. Temporary suspension — Account access is restricted for a defined period
4. Permanent ban — Account is permanently terminated for severe or repeated violations

Immediate Action

Certain violations warrant immediate action without a graduated response:

• Illegal content (child exploitation, terrorist content)
• Imminent threats of violence
• Critical security breaches
• Content required to be removed by law or court order

Appeals Process

Provide a mechanism for users to contest enforcement decisions:

• How to submit an appeal
• Timeline for review
• What information to include
• Who reviews appeals
• Finality of appeal decisions

Writing Effective AUP Language

Be Clear and Specific

Replace vague prohibitions with specific rules:

• Instead of: "Do not post inappropriate content"
• Use: "Do not post content that contains explicit sexual material, graphic violence, or targeted harassment of individuals or groups"

Use Examples

Provide examples of prohibited behavior to help users understand the rules. Examples make abstract rules concrete and reduce misunderstandings.

Avoid Over-Restriction

Rules that are too broad can stifle legitimate use:

• Prohibiting "offensive content" without definition is overly broad
• Restricting "any automated access" may prevent legitimate integrations
• Banning "criticism" of the platform could appear censorious

Reserve Discretion

Include language that reserves your right to take action for situations not specifically covered:

• "Activities that, in our reasonable judgment, threaten the security, integrity, or availability of our service"
• "Behavior that creates a hostile environment for other users"

Platform-Specific AUP Considerations

Social Media and Community Platforms

• Rules for interpersonal interactions
• Content labeling and sensitivity warnings
• Specific guidance for public vs. private communications
• Group and community management rules

SaaS and Business Tools

• Restrictions on competitive use
• Multi-tenant resource fairness
• Data import and export boundaries
• API usage guidelines

E-Commerce Marketplaces

• Product listing standards
• Prohibited product categories
• Seller behavior requirements
• Transaction manipulation prevention

Keeping Your AUP Current

Review your AUP regularly to address:

• New types of abuse that emerge as your platform grows
• Changes in applicable laws and regulations
• Community feedback about rules and enforcement
• Evolution of industry best practices

A well-crafted acceptable use policy balances user freedom with platform protection. It sets clear expectations, provides a fair enforcement framework, and gives your business the authority it needs to maintain a safe and productive environment for all users.