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A terms of service can be set up without a laywer, however it is recommended that you have a laywer to back up the documents and make sure they are valid. A terms of service should include what all is allowed, and not allowed, as well as what is expected of the customer/user. A lawyer is a good idea because they can help you when it comes to specific laws, as well as how to persue someone who violates the terms.

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