Federal-compatible terms of service agreements

Why are Terms of Service important?

Digital media is key to helping federal agencies engage with their customers and accomplish their mission. However, the standard Terms of Service (or Terms of Use) for many free digital products and services are incompatible with federal law, regulation, or practice.

To meet this need, a coalition of federal agencies worked with a broad range of providers of no-cost social and digital media products to develop amended, federally compatible TOS agreements. GSA led this effort to reduce the need for dozens of agencies to negotiate Terms of Service agreements and to streamline negotiations with vendors through a single point of contact.

While these Terms of Service amendments resolve the major legal issues of the sign-up process, agencies must still comply with laws and regulations on security, privacy, accessibility, records retention, ethical use, and other specific agency policies and requirements when using the tools.

How to set up an account to use a free tool

If you’re a federal employee, follow these four steps before setting up an account to use a free digital media tool.

Step 1: Review existing policy. Review your agency’s social media policy and guidance to be sure you understand requirements to use specific tools, branding, etc.

Step 2: See what’s available. Consult the list of free products and services with federal Terms of Service agreements. Keep in mind that even though a tool may be on the list, your agency may not have approved the Terms of Service for that tool. Each agency considers its own policies, needs, expectations and practices, and conducts a legal review, before signing agreements. Among other sources, your agency counsel may want to review the OMB Memorandum M-13-10 (PDF, 1.2 MB, 17 pages, April 2013) regarding implications of certain online Terms of Service agreements.

Step 3: Work with your agency point of contact. Before you decide to use a tool, work with your agency’s point of contact for social media tools and your general counsel for other tools and services. This person will discuss your social media requirements and explain what already exists to meet your needs, including any Terms of Service agreements that have been signed by your agency. This is also the person who works with your agency’s attorneys to determine if any new Terms of Service agreements are needed.

Step 4: Create an account, if approved. If your agency point of contact approves and your agency has a signed TOS for that tool, you can work with your agency point of contact to set up your new account.

Note that because these products and services are free and do not involve appropriated funds, the agreements are not considered to be government contracts nor are they procurements under the Federal Acquisition Regulation. In contrast, fee–based products fall under all federal procurement rules and regulations, and are not included in this process.

Considerations for mobile applications

Agencies who develop native applications for specific devices need to sign Terms of Service Agreements with the mobile product companies. These Terms of Service have two parts: a developer agreement and a distribution agreement. 

The developer agreement allows the agency to access that platform’s software and tools to develop applications. Once the application is completed, the distribution agreement allows agencies to offer their completed application to customers for free.

For federal agency points of contact

OMB Memorandum M-13-10 outlines the steps that agency points of contact should follow:

• Conduct an inventory of social media applications currently in use at your agency.
• Publish your social media inventory with corresponding Terms of Service at agency.gov/socialmediaTOS.
• Work with your legal team to renegotiate the Terms of Service, if your agency identifies a Terms of Service that includes an open-ended indemnification clause.

For tool and service providers

GSA developed a model Terms of Service template (Word document, 55 KB, 5 pages, October 2011) listing the points, issues, and concerns that typically arise in standard Terms of Service and are problematic for federal agencies. This model agreement suggests replacements that would be acceptable to most federal agencies.