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Articles tagged "contract forms":
11 articles found
"Red Flag" Identity Theft Alert -- Is Your Site In The Cross Hairs?
In October 2008, the Federal Trade Commission (FTC) announced that it is delaying enforcement of the Red Flag rules six months to May 1, 2009. Just who is covered (and therefore liable for failure to comply) is still somewhat confusing. However, if you're not sure you're covered, particularly if you're a SaaS site, you'd better check out the rules carefully in order to avoid liability for failure to comply.
The Computer Fraud And Abuse Act -- Effective Weapon Against Disloyal Employees?
Most ecommerce businesses are small businesses. They outsource a lot of their requirements; however, they may have a few very key employees. What happens to your business if a key employee resigns and then accesses your database and copies valuable proprietary information? What remedies do you have? The federal Computer Fraud And Abuse Act (CFAA) represents a relatively new weapon for employers against disloyal employees.
Shrink, Click, Browse-Wrapped Agreements -- What Does It All Mean?
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
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
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"
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
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
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?
Intellectual Property: Why "Borrowing" Web Content Is A Really Bad Idea
There's some graphics or content (or even website legal documents) on the web that you like... there's no copyright notice associated with it. You'd like to take it and incorporate it into your site, right? It's so tempting, but DON'T do it! Here's why.
Ecommerce Sites: Beware Of 3rd Party Cookies - Are Google Analytics Users In Privacy Breach?
To be successful, ecommerce sites require information about site visitors. One method of collecting this information is often referred to as using 3rd party cookies. If you use 3rd party cookies, are you aware of the privacy concerns, and will you be liable for a privacy policy breach?
SaaS, Membership, And Subscription Agreements -- How To Avoid Unenforceable Amendments
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.