Privacy Policy. Terms and Conditions. COPPA.

Terms of Use. Terms and Conditions.

Okay, so you’re thinking about putting together a website with all the bells and whistles. STOP! Before you hire someone to develop that website, make sure you know everything you need to know about website law. Website law is not as simple as throwing up a web page and forgetting about it. There are a number of legal issues to be aware of if you are advertising or selling on your website, if you are creating content or hire someone to create content for you, if you upload videos, if you target children, if you run contests and sweepstakes on your site, or if you perform any number of actions on your website. Before you get started, know the law!

For starters, did you know that the person who creates your website, including the content, videos, fonts, graphics, and HTML source code is the owner of the copyright in that creative work–even if you paid money for it? And wait, there’s more! What do you know about Terms of Use, Terms and Conditions, Terms of Service, Privacy Statements, Privacy Policies, and those pesky little FTC rules on endorsements and testimonials?  There is so much to know, so much to learn, so many rules to follow. Do it right the first time.

Reasons you may want to  hire a competent attorney BEFORE you build your website.

There are a lot of things you must take into consideration before you put together a website.  A competent business lawyer with a strong focus on intellectual property law can help you understand the law and navigate the ever-changing legal landscape.

Here are a couple of things to take into account:

  • FTC Regulations:  With the intensification of eCommerce the Federal Trade Commission (FTC) has implemented new regulations for conducting business online.  Some of the regulations include recent changes to endorsements and testimonials in advertising, the CAN-SPAM act which regulates email marketing, and other codes for website law that regulate eCommerce compliance.
  • Copyright Law:  The Internet makes copying intellectual property very easy, so it is important to protect the content that you place on your website.  As a website owner and distributor of content, you should make sure you are in compliance with US Copyright Law. If you have employees and website designers, they should be in compliance as well.  A competent intellectual property attorney can advise you on how to avoid stepping into the copyright infringement landmine.
  • Trademark Law:  When you establish your business as a brand online it is important to protect your brand with trademark registration. A registered trademark establishes your credibility and protects your brand name.  When consumers see the trademark symbol next to your brand name they will instantly associate that trademark with you, your products, and/or your services. A knowledgeable trademark attorney can offer guidance on how to select a trademark that can be protected, how to protect such a mark, and advice on avoiding trademark infringement.
  • Web Hosting Agreements:  A lot of web hosting companies place excessive fine print in their agreements and if you are unfamiliar with some of the tactics that are used such as bandwidth usage, you could end up inadvertently agreeing to something that will cost you in the future.  A website law attorney can review the contract with you before you sign on the dotted line.
  • Domain Names:  Selecting and protecting your domain name is especially important since it identifies your brand name and your business. As the Internet continues to grow, there are a lot of legal issues that can transpire if you are not aware of regulations relating to the use of domains.  A competent internet attorney can advise you accordingly.

Francine D. Ward
Attorney-At-Law, Author, Speaker

Follow Francine:

Don’t miss Francine’s Latest Blogs:

  • Contract Mistakes
    Contract Mistakes Contract Mistakes. No Written Agreement.Probably the number one contract mistake people make is not having written agreements with everyone they do business with. I am always amazed by […]
  • 31 Days of Estate Planning
    Estate Planning Blogs Estate Planning Blogs. Have you ever wished there was one location to find basic information about estate planning? One location where you could get some definitions for […]
  • Trust Mill Scams
    Do You Really Want to Work? Five years ago, people complained they couldn’t find work. Today, there are so many jobs available, and no one wants to work. Instead, robbers, […]
  • Probate Process — Basic Steps
    Probate Process Probate process basic steps. When someone passes away, their estate is generally required to go through probate unless there was a valid trust in place. It is a […]
  • A Few Reasons Why Asset Protection is Important
    Asset Protection is Important. Why is asset protection important? First, to protect your assets, so they get into the hands of your intended beneficiaries, and to protect the most vulnerable […]