I 
119TH CONGRESS 
1ST SESSION H. R. 3875 
To require online service providers to disclose their acceptable use policies, 
provide users with written notice before the termination of a user’s 
account, and publish an annual report detailing actions taken to enforce 
their acceptable use policies, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 10, 2025 
Mr. GOLDMAN of Texas (for himself and Mr. WEBER of Texas) introduced 
the following bill; which was referred to the Committee on Energy and 
Commerce 
A BILL 
To require online service providers to disclose their accept-
able use policies, provide users with written notice before 
the termination of a user’s account, and publish an an-
nual report detailing actions taken to enforce their ac-
ceptable use policies, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Transparency in En-
forcement, Restricting, and Monitoring of Services Act’’ 
or the ‘‘TERMS Act’’. 
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SEC. 2. PURPOSE. 
The purpose of this Act is to ensure that consumers, 
businesses, and organizations seeking to use the products 
or services of an online service provider have sufficient in-
formation regarding the online service provider’s commer-
cial business standards, processes, and policies with re-
spect to the unilateral termination, suspension, or can-
cellation of user accounts or ability to use the online serv-
ice provider’s products or services. Such information al-
lows consumers to make informed choices regarding their 
decision to use or purchase the services or products of an 
online service provider and promotes a competitive mar-
ketplace for such products or services. 
SEC. 3. DEFINITIONS. 
In this Act: 
(1) COMMISSION.—The term ‘‘Commission’’ 
means the Federal Trade Commission. 
(2) NONPROFIT
ORGANIZATION.—The term 
‘‘nonprofit organization’’ has the meaning given 
such term in section 201(i) of title 35, United States 
Code. 
(3) ONLINE
SERVICE
PROVIDER.—The term 
‘‘online service provider’’— 
(A) means the provider of a public-facing 
website, online service, or online application di-
rected to a consumer or organization that— 
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(i) requires any person who wishes to 
use the website, online service, or online 
application to create a unique account or 
profile for such website, service, or applica-
tion; 
(ii) provides an internet-based product 
or service that is accessible through the 
website, online service, or online applica-
tion; and 
(iii) is engaged in interstate or foreign 
commerce; and 
(B) includes any entity described in sub-
paragraph (A), regardless of whether— 
(i) offering a product or service to the 
general public is the sole source of income 
or principal business of such entity; or 
(ii) the entity earns a profit on a 
product or service. 
(4) RESTRICT.—The term ‘‘restrict’’, with re-
spect to a user, means an online service provider’s 
termination or suspension of a user’s account or pro-
file on the online service provider’s website, online 
service, or online application, or limitation of the 
user’s access thereto based on a determination that 
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the user violated the online service provider’s accept-
able use policy. 
(5) USER.—The term ‘‘user’’ means, with re-
spect to an online service provider, a person who 
registers an account or creates a profile on the 
website, online service, or online application of the 
online service provider. 
SEC. 4. DISCLOSURE OF ACCEPTABLE USE POLICIES. 
(a) IN GENERAL.—Not later than 180 days after the 
date of enactment of this Act and subject to subsection 
(b), an online service provider shall publicly disclose in an 
easily accessible manner, such as within terms of service 
available on the online service provider’s website, an ac-
ceptable use policy that concisely and accurately describes, 
in clear language, information regarding the standards, 
processes, and policies of the online service provider with 
respect to any decision by the online service provider to 
restrict a user. 
(b) REQUIRED INFORMATION.—For purposes of sub-
section (a), an online service provider shall include the fol-
lowing information in an acceptable use policy: 
(1) An explanation of what specific acts or 
practices are prohibited by the online service pro-
vider that could lead to a decision by the online serv-
ice provider to restrict a user. 
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(2) An explanation of how the online service 
provider enforces the acceptable use policy, including 
any third party the online service provider relies 
upon, in whole or in part, to assist in the enforce-
ment of the acceptable use policy by the online serv-
ice provider. 
(3) Either— 
(A) an explanation of how a user can ap-
peal, if applicable, a decision by an online serv-
ice provider to restrict a user; or 
(B) if the online service provider does not 
permit an appeal or reconsideration of a deci-
sion to restrict a user, a statement that such 
decision is not appealable or subject to recon-
sideration. 
(4) An explanation of whether acts or practices 
a user commits entirely outside of the website, online 
service, or online application of the online service 
provider, such as social media posts, public state-
ments, media publications, and third-party re-
sources, may be a sufficient basis alone or in com-
bination with other information to restrict a user. 
(5) An explanation of the online service pro-
vider’s standards, processes, and policies with re-
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spect to the notice requirement described in section 
5. 
(c) CHANGES TO ACCEPTABLE USE POLICIES.—If an 
online service provider makes a material change to its ac-
ceptable use policy that would result in a material change 
to any information described in subsection (b), the online 
service provider shall, taking into account available tech-
nology, provide advance notice to each user. 
SEC. 5. ADVANCE WRITTEN NOTICE PRIOR TO TERMI-
NATION OR SUSPENSION. 
(a) NOTICE REQUIREMENT.— 
(1) IN GENERAL.—Except as described in sub-
section (b), an online service provider shall provide 
advance written notice to a user in violation of the 
online service provider’s acceptable use policy prior 
to restricting the user. 
(2) REQUIRED
INFORMATION.—The advance 
written notice required under paragraph (1) shall in-
clude the following information: 
(A) The specific act or practice of the user 
that led to the decision to restrict the user. 
(B) A description of how the act or prac-
tice identified in subparagraph (A) violated the 
acceptable use policy. 
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(C) Whether the user has an option to ap-
peal the decision, and, if so, a description of the 
process for how the user can appeal the online 
service provider’s decision, consistent with the 
acceptable use policy. 
(D) A description of the option for the 
user to elect that the online service provider 
publicly disclose such written notice as de-
scribed in paragraph (4). 
(3) ADVANCE WRITTEN NOTICE.— 
(A) IN
GENERAL.—For the purposes of 
this section, an online service provider will be 
deemed to have provided an advance written no-
tice to a user if such provider makes a good 
faith effort to notify the user not later than 7 
days prior to restricting the user. 
(B) GOOD FAITH EFFORT.—For the pur-
poses of subparagraph (A), a good faith effort 
may include— 
(i) a notification to the most recent 
email address or other contact information 
the user provided to the online service pro-
vider; or 
(ii) if the online service provider does 
not have any contact information for the 
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user, a prominent notice that is displayed 
to the user on the online service provider’s 
website, service, or application when the 
user next accesses the user’s account or 
profile on such website, service, or applica-
tion. 
(4) PUBLIC
DISCLOSURE.—An online service 
provider shall— 
(A) provide to any user issued a written 
notice under paragraph (1) an option for the 
online service provider to publicly disclose such 
notice; and 
(B) if such user chooses to have such no-
tice publicly disclosed, publish such notice on 
the website of the online service provider. 
(b) EXCEPTIONS FOR COURT ACTION OR IMMINENT 
RISK OF HARM.—An online service provider may restrict 
a user without advance written notice if— 
(1) such restriction was done to— 
(A) comply with a lawful order of a court 
of competent jurisdiction; or 
(B) protect against an imminent risk of— 
(i) death; 
(ii) a serious physical injury; or 
(iii) a serious health risk; and 
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(2) the online service provider provides the user 
the information required by subsection (a)(2) and 
publicly discloses the written notice at the same time 
that the provider restricts the user or as soon as 
practicable thereafter. 
(c) EFFECTIVE DATE.—The requirements of this sec-
tion shall take effect on the date that is 180 days after 
the date of enactment of this Act. 
SEC. 6. REPORTING REQUIREMENTS. 
(a) ANNUAL REPORT.—Not later than 1 year after 
the date of enactment of this Act and annually thereafter 
on a date to be determined by each online service provider, 
an online service provider shall publish, with an open li-
cense, in both a format easily read by humans and a ma-
chine-readable format, in a location on its public website 
that is easily accessible to users and visitors of such 
website, and consistent with the requirements described 
in subsections (b) and (c), a report detailing actions taken 
to enforce the online service provider’s acceptable use pol-
icy. 
(b) REPORT REQUIREMENTS.—The report required 
under subsection (a) shall include the following informa-
tion with respect to the applicable reporting period: 
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(1) The total number of instances in which the 
online service provider was alerted of a potential vio-
lation of the acceptable use policy by— 
(A) a user complaint; 
(B) an employee of, or a person con-
tracting with, the online service provider; 
(C) an internal automated detection tool of 
the online service provider; 
(D) a government entity, including the spe-
cific office or entity that alerted the online serv-
ice provider; 
(E) a nonprofit organization; or 
(F) any other person. 
(2) Subject to subsection (c), the number of in-
stances in which the online service provider took 
steps to restrict a user, including the number of in-
stances in which the online service provider— 
(A) terminated a user’s account or profile 
on the online service provider’s website, online 
service, or online application or otherwise per-
manently limited access to or use of the product 
or service of the online service provider; 
(B) suspended a user’s account or profile 
on the online service provider’s website, online 
service, or online application; 
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(C) limited a user’s access to the online 
service provider’s website, online service, or on-
line application; or 
(D) took any other action, such as issuing 
a warning, in response to a violation of the ac-
ceptable use policy. 
(3) The number of instances in which a user 
appealed the online service provider’s decision. 
(4) The number of appeals that resulted in a 
reversal of the online service provider’s decision. 
(c) CATEGORIZATION OF ACTIONS TAKEN.—The in-
formation described in subsection (b)(2) shall be cat-
egorized by— 
(1) the exact provision of the acceptable use 
policy that was violated by a user; and 
(2) the source of the alert of the potential viola-
tion of the acceptable use policy as described in sub-
section (b)(1). 
SEC. 7. ENFORCEMENT. 
(a) ENFORCEMENT BY THE COMMISSION.— 
(1) UNFAIR
OR
DECEPTIVE
ACTS
OR
PRAC-
TICES.—A violation of this Act shall be treated as 
a violation of a rule defining an unfair or deceptive 
act or practice under section 18(a)(1)(B) of the Fed-
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eral 
Trade 
Commission 
Act 
(15 
U.S.C. 
57a(a)(1)(B)). 
(2) POWERS OF THE COMMISSION.— 
(A) IN GENERAL.—Except as provided in 
subparagraph (C), the Commission shall enforce 
this Act in the same manner, by the same 
means, and with the same jurisdiction, powers, 
and duties as though all applicable terms and 
provisions of the Federal Trade Commission 
Act (15 U.S.C. 41 et seq.) were incorporated 
into and made a part of this Act. 
(B) PRIVILEGES
AND
IMMUNITIES.—Ex-
cept as provided in subparagraph (C), any on-
line service provider who violates this Act or a 
regulation promulgated under this Act shall be 
subject to the penalties and entitled to the 
privileges and immunities provided in the Fed-
eral Trade Commission Act (15 U.S.C. 41 et 
seq.). 
(C) NONPROFIT
ORGANIZATIONS.—Not-
withstanding section 4, 5(a)(2), or 6 of the 
Federal Trade Commission Act (15 U.S.C. 44, 
45(a)(2), 46) or any jurisdictional limitation of 
the Commission, the Commission shall also en-
force this Act, in the same manner provided in 
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subparagraphs (A) and (B), with respect to or-
ganizations not organized to carry on business 
for their own profit or that of their members. 
(D) AUTHORITY PRESERVED.—Nothing in 
this subsection shall be construed to limit the 
authority of the Commission under any other 
provision of law. 
(b) COMMISSION GUIDANCE.— 
(1) IN
GENERAL.—Not later than 180 days 
after the date of enactment of this Act, the Commis-
sion shall issue guidance to assist online service pro-
viders in complying with the requirements of this 
Act, which shall include the provision of best prac-
tices and examples. 
(2) LIMITATION ON GUIDANCE.—No guidance 
issued by the Commission with respect to this Act 
shall— 
(A) confer any rights on any person, State, 
or locality; or 
(B) operate to bind the Commission or any 
person to the approach recommended in such 
guidance. 
(3) USE IN ENFORCEMENT ACTIONS.—In any 
enforcement action brought pursuant to this Act— 
(A) the Commission— 
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(i) shall allege a specific violation of a 
provision of this Act; and 
(ii) may not base such enforcement 
on, or execute a consent order based on, 
practices that are alleged to be inconsistent 
with any guidance issued by the Commis-
sion with respect to this Act, unless the 
practices are alleged to violate a provision 
of this Act; and 
(B) a person may use compliance with any 
such guidance as evidence of compliance with 
this Act. 
Æ 
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