Web Sites – Tips to Avoid Legal Pitfalls

Web sites get stale and out of date. Laws and regulations change. If you haven’t updated your Web site in the past 12 months, it’s time for a review.

1. Jurisdiction Statement?
The Internet makes access to Web sites possible from anywhere on the planet. You want to make it clear that your Web site is governed by the laws of your selected state. This way, you are less likely to find yourself being sued for violating the laws of some other place.
For example, my Web site says, “This Web site shall be governed by and construed in accordance with the laws of Massachusetts, USA, without regard to its choice of law rules.”

2. Disclaimer?
Does your site have a disclaimer? You want to make it clear that people should not rely upon the information without seeking specific advice or checking in for an update. You may want to specify that prices and terms are subject to change.

For example: my Web site says “The information provided on this Web site is intended as a general overview and should not be relied upon as legal advice.”

3. Copyright notice?
Is there a copyright notice on your Web site? While the Copyright notice is not required by law, it is a good business practice to use it to make it clear that you are claiming Copyright protection for the contents of your Web site. Copying is rampant on the Internet and if you’ve invested substantial time and effort in developing your Web site, it makes sense to put people on notice that you are claiming Copyright protection.

For example, my Web site says “Copyright © 2000-2004 Jean D. Sifleet, Esq. All Rights Reserved.”

4. Content created by someone else?
Is there any Copyright protected content on your Web site? If your Web site has any music, images, quotes or even articles published about your business, you may need to confirm that you have the right to use the content created by other people. If you are using links you may need to get permission.

5. Privacy Policy?
Privacy is a growing concern for many people. Government regulations are increasing. For example, there are strict rules about the use of personal information by companies doing business in the European Community.

My Web site says: “Smart Fast® has a firm commitment to protecting the privacy of the information collected on the Web site. The information collected on the site is not shared with nor available for use by the Web site host and the site has security measures in place to protect the loss, misuse and alteration of the information under its control. We do not disclose information that you may give us to any outside parties, unless required by law. If you have any questions about this privacy statement, the practices of this site, or your dealings with Smartfast.com, please contact Jean Sifleet.”

6. SPAM guidelines?
If you are using email for marketing, you want to be careful about the increasingly stringent regulation of SPAM. Tips from my previous eNews about SPAM include:

  • Provide an easy way for people to be removed from your list;

  • Ensure that your email has a valid return address and that your content is truthful
    and not misleading; and

  • If your email has "adult" content, put "ADV:ADLT" (for Adverstisement:Adult)
    in the subject line.

I provide an easy way to unsubscribe to this newsletter on the main enews page of this web site.

In conclusion, your Web site is a key component of your overall business. It’s easy to assume that everything is OK. Is it? Take the time to review your Web site and ensure that you are up to date and making the best possible use of this powerful business tool.

This is a rapidly evolving area and I welcome your feedback and suggestions.

Jean D. Sifleet, Esq., CPA
Business Attorney & Consultant
120 South Meadow Road
Clinton, MA 01510

t. 978-368-6104
f. 978-368-6105
jean@smartfast.com

P.S. Special thanks to Mary Casey, Esq. (casey@harborlaw.com) and Susan Joyce, Webmaster (sjoyce@netability.com) for their insights and experienced perspective on Internet related law. The content of this eNews is drawn from a larger work on which we are collaborating.

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Jean Sifleet, business attorney, CPA and three-time entrepreneur, is pleased to announce the release of her new book, Advantage “IP”: Profit from Your Great Ideas. Visit the Smartfast Bookstore for details, and to order the book.

Information provided on this website is intended for a general overview and
should not be construed as legal advice for a particular situation.