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Articles tagged "chip cooper":

12 articles found

Shrink, Click, Browse-Wrapped Agreements -- What Does It All Mean?

By Chip Cooper

The terms -- "shrink-wrapped", "click-wrapped", and "browse-wrapped" -- are in widespread use. They describe certain types of contracts, past and present. Originally, these agreements were used solely for the licensing of PC software. Now, they're used for a wide range of online transactions. What do these terms mean, and what's their legal significance?

Website Behavioral Ads May Be Cool But Beware Of Privacy Concerns

By Chip Cooper

If you're a small ecommerce business, you know that virtually anything that provides significant increases in conversion rates will get a lot of attention. Behavioral ads promise just that -- higher conversion rates than conventional contextual ads -- so they've been getting a lot of attention lately. Before you take advantage of this opportunity, you should evaluate the risks.

User Generated Content (UCG) Presents Big Advertising Oppoutunity For Small Online Businesses

By Chip Cooper

User generated content (UGC) is a rapidly growing phenomenon on the Internet. Generally, UGC refers to various kinds of media content produced by regular, every-day people (as distinguished from traditional media producers). But now UGC has moved into online advertising -- and it's a great opportunity for small online businesses, but there's a catch -- claims for false advertising.

CAN-SPAM Act Updates -- New Email Rules For Multiple Senders, Opt-Outs, And "Send-To-A-Friend"

By Chip Cooper

Commercial email is one of the most significant -- if not the most significant -- marketing tool of small ecommerce websites. For this reason, it's a good idea to stay current with the CAN-SPAM Act's email rules. In May, the Federal Trade Commission (FTC) approved several new rules for purposes of clarifying CAN-SPAM's requirements. Here's an easy-to-read summary of these important developments that affect all ecommerce websites.

Website Advertising: 2 Legal Traps To Avoid When Writing Your Own Copy

By Chip Cooper

If you're like most small ecommerce businesses, you're likely to write your own marketing copy. Be aware that this is a highly regulated area that could result in substantial liability. I've boiled most of the regulations into 2 basic traps you must avoid.

CAN-SPAM: "No Harm, No Foul" -- 4th Circuit Passes On Trivial Violations

By Chip Cooper

The federal CAN-SPAM Act permits the sending of unsolicited email advertisements under certain conditions. One condition is that header information in the email should not be "materially false or materially misleading". What does this mean, and if you make a "technical" mistake in an email header, are you strictly liable under CAN-SPAM?

SaaS, Membership, And Subscription Agreements -- How To Avoid Unenforceable Amendments

By Chip Cooper

If you're like most small ecommerce businesses, you'll need to amend your Customer Agreement from time to time. You might want to add a new membership option... or add a clause for a money-back guarantee, just to name a couple of examples. If you don't follow the guidelines of this recent case, your amendments are likely to be unenforeceable.

Do You Own - And Control Your Domain Name? You May Be Surprised!

By Chip Cooper

Do you own your domain name? And do you control it to the exclusion of others (including your website developer)? All too often, website owners are lax in nailing down ownership and control of valuable domain names, and as a result, are often required to litigate these issues costing them thousands. The case of Dawson v. Brandsberg illustrates these costly mistakes and how to avoid them.

Email Marketing: Are You Liable For Your Affiliates' CAN-SPAM Violations?

By Chip Cooper

How you build and use your email list involves the federal CAN-SPAM Act of 2003 (CAN-SPAM). If you market via email, you're probably generally familiar with DAN-SPAM's requiements. But what about your affiliates? Are you liable if they violate CAN-SPAM when marketing your products or services?

How To Save Time And Money Drafting Your Own Legal Contracts... With Confidence

By Chip Cooper

Would you like to save time, money, and aggravation by drafting your own legal contracts... including your website contracts? Powerful, automated drafting tools are empowering entrepreneurs to write first drafts of business contracts that closely fit their business needs. Here's how you can do it.

5 Tips For Enforceable Membership, Subscription And SaaS Agreements

By Chip Cooper

Your customer agreements -- membership, subscription, SaaS agreements -- are a critical part of your overall website legal compliance system. If they're unenforceable, your critical disclaimes and limitations of liability will also be unenforceable. One key to enforceability is the way they're presented on your site. This article explains the 5 keys to enforceability.

Blog Sites Beware: Liability Lurks In Bloggers' Postings

By Chip Cooper

Serious liability exposure lurks for bolg sites. Whether liability for copyright infringement for bloggers' infringing posts or defamation liability for bloggers' defanatory statements, the stakes are high... and most blog sites are unaware of the risks! This article explains the hidden danger and how to avoid it.