What Do I Need to Protect Myself in Setting Up an Online Business?

Full question:

Starting a business, about to start the web design process. The web designers were asking how many pages and sub pages I need. So that got me thinking, what kind of legal documents do I need to be protected (disclaimer, copyright etc..). My company is a corporation that will be studying, analyzing the global economy and then issuing reports/newsletters on major economic trends to give our international paid subscribers better insight. Some websites like GloomBoomDoom.com have a disclaimer at the bottom. What do I need? What goes Where (on website or in emailed newsetters?)?

  • Category: Internet
  • Date:
  • State: California

Answer:

When operating a business online, there are a myriad of issues to consider, including privacy, confidentiality, security, payment collection. Creating a website involves various legal issues, including, among others, registration of a domain name, and preventing trademark infringement and copyright violations. Websites that allow users to post authored works often include procedures for the users to certify their right to distribute the material, disclaimers regarding the publication of the material on the website, as well as procedures for removing material not properly included. The information submitted may need to be governed by a licensing agreement to be further used by someone other than the author.

If website material is claimed to violate a copyright, the DMCA (Digital Millennium Copyright Act) actually has very detailed information for web site owners on what to do, how to do it, and how to determine if the complaint is valid. It also protects web site owners in the case of actual copyright infringement, provided you follow the directions. For further guidance, please see the information at the following links:

http://smallbusiness.findlaw.com/business-operations/small-business-internet/website-terms-and-conditions.html
http://juilletlaw.com/Protect%20Your%20Website%20from%20Legal%20Land%20Mines.pdf
http://smallbusiness.findlaw.com/copyright/copyright-realworld/website-content-permission.html
http://smallbusiness.findlaw.com/business-operations/small-business-internet/internet-lawyer.html
http://en.wikipedia.org/wiki/DMCA

There are a variety of forms available on our site for use by online businesses. We are prohibited from giving legal advice, as this service provides information of a general legal nature. I suggest you consult a local attorney who can review all the facts and documents involved.

 

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Yes, having Terms of Service (ToS) on your website is important. They set the rules for using your site and services, helping to protect your business from liability. ToS typically cover user responsibilities, limitations of liability, and dispute resolution processes. It's advisable to have them reviewed by a legal professional to ensure they meet your specific business needs.