IANAL, but I think a big factor would be whether it acts as a substitute. Since ...

wisty on Feb 2, 2013 | parent | context | favorite | on: Docracy Terms of Service Tracker

IANAL, but I think a big factor would be whether it acts as a substitute. Since they aren't being used as a TOS on docracy, then it shouldn't be an issue. If you copy a TOS and use it on your own site, then it could be a problem.