Three similar-sounding documents confuse many nonprofits: community guidelines, code of conduct, and terms of service. They overlap but serve different purposes. Understanding the differences helps you create the right policies for your organization.
Three Definitions
Code of Conduct
What it is: A set of behavioral expectations for people in your community, programs, or events. It defines what's acceptable and what's not, and includes enforcement procedures.
Who it applies to: Members, volunteers, staff, participants in programs and events, guests.
Why it exists: To create psychological and physical safety. To prevent harm (harassment, discrimination, violence). To give you a framework for addressing violations.
Tone: Aspirational but also protective. "We expect respect and dignity. We will not tolerate harassment."
Legal nature: Not a legal contract. Can be used to support disciplinary actions (removal from events, termination of membership) but doesn't create binding legal obligations.
Example: A nonprofit's code of conduct states: "We don't tolerate harassment based on identity. If you experience harassment, report it to [email]. We will investigate and take action."
Community Guidelines
What it is: Broader set of norms for how people interact in a shared space (physical or digital). Usually covers tone, respectfulness, constructive discussion, as well as specific prohibitions.
Who it applies to: Anyone using the space (members, volunteers, staff, guests, online users).
Why it exists: To maintain a healthy community culture. To encourage constructive dialogue. To prevent spaces from being overrun by spam, commercial promotion, off-topic discussion.
Tone: Often more permissive than code of conduct. "We encourage diverse perspectives. We ask that discussion remain respectful and on-topic."
Legal nature: Usually not a legal contract. Guidelines, not rules. But can be enforced (removing posts, suspending accounts).
Example: A nonprofit's online community guidelines state: "Welcome! This space is for discussing our mission. Please be respectful. Off-topic discussion and spam will be removed."
Terms of Service
What it is: A legal contract that defines the relationship between your organization and a user (usually of a website, app, or digital platform). It sets out your responsibilities and users' rights/responsibilities.
Who it applies to: Anyone using your website or service.
Why it exists: Legal protection. To limit your liability. To set clear rules about what users can and can't do with your service.
Tone: Formal and legal. "By using this service, you agree to the following terms."
Legal nature: A binding legal contract. Users must agree to terms before using the service. Violation can result in legal action.
Common sections: License grant (you grant users right to use service), intellectual property (who owns content), limitation of liability, dispute resolution, privacy policy.
Example: A nonprofit's terms of service state: "By creating an account on our platform, you agree that any content you post remains your property, but you grant [nonprofit] the right to use it for our mission."
Quick Comparison
| Feature | Code of Conduct | Community Guidelines | Terms of Service |
|---|---|---|---|
| Primary purpose | Safety & behavior | Community culture | Legal contract |
| Applies to | Members/participants | All users | All users |
| Legally binding? | Not usually | No | Yes |
| Enforcement | Removal, termination | Removal of content | Legal action |
| Tone | Protective | Inviting | Formal |
| Examples of violations | Harassment, discrimination | Spam, off-topic posts | Unauthorized commercial use, IP violation |
Where They Overlap
All three often prohibit similar things: harassment, discrimination, hate speech, commercial spam, illegal content. The difference is emphasis and enforcement.
A code of conduct focuses on the psychological safety violation (this behavior is harmful). Community guidelines focus on maintaining community health (this undermines our culture). Terms of service focus on legal liability (this violates your agreement with us).
Which Do You Need?
Every nonprofit should have: A code of conduct if you have members, volunteers, or participants. Even small organizations benefit from clarity about acceptable behavior.
You should have community guidelines if: You run an online community, forum, or social media group. You want to maintain healthy discussion culture.
You should have terms of service if: You run a website where users create accounts or input data. You have a membership platform. You want legal clarity about intellectual property or liability.
Writing Approach by Document
Code of Conduct: Write with community input. Focus on values and safety. Make it accessible language. Include enforcement and appeals procedures. Publish it prominently and discuss it with community.
Community Guidelines: Write collaboratively with community leaders or moderators. Focus on maintaining healthy discussion. Be specific about what you do and don't tolerate. Make it shorter than code of conduct.
Terms of Service: Hire a lawyer or use a template (many exist for nonprofits). This is legal language. Make sure it actually protects your organization. Have a lawyer review before publishing.
Keeping Them Consistent
If you have multiple documents, they should be compatible. Don't prohibit something in the code of conduct but allow it in community guidelines. Don't say you value consent in the code but then use terms of service language that ignores it.
Review all documents together at least annually. Make sure they reflect your current values and enforcement capacity.
Implementation
Start with code of conduct. That's the most important for nonprofit culture and safety. If you run online spaces, add community guidelines. If you have digital platforms, add terms of service (but consult a lawyer).
For deeper guidance on code of conduct, see Lecture 1.5.1. For inclusive policies, see Lecture 1.5.3.