Does California Hate Your Website?

By | Internet Lawyer, Website Lawyer, Website Legal Documents | No Comments
California Consumer Privacy Act of 2018
Beware of the California Consumer Privacy Act of 2018

The tarnished “Golden State” has enacted the horrible California Consumer Privacy Act of 2018.

This law targets website owners by claiming to protect privacy rights.

So, what if your business website isn’t located in California?

You could still be liable under the Act.

Because it protects information you collect from California residents. This includes residents’ names, email addresses, and other personal information.

Now this means you could be fined up to $7,500 per violation — even if you run your online business in another state or country!

We’ve seen this type of idiocy at the national and multinational level. For example, international enforcement of U.S. spam laws and the European Union’s General Data Protection Regulation (GDPR).

But California’s attempt to regulate the online world takes it to a whole new level of nanny state scheming.

Is Your Website Covered By The California Consumer Privacy Act of 2018?

It looks like the law (for now) only targets large online businesses.

Yet it would take only a simple change to a definition in the law to put the screws to smaller businesses.


Are you operating a large ecommerce venture? Consult with a California privacy law expert about complying with this albatross.

What if you run a small or medium-sized business (SME)? You may want to make it clear the California Consumer Privacy Act of 2018 doesn’t apply to your site…and the reasons why it doesn’t.

Related Article: Privacy Policy 101 – What Every Website Owner Should Know


That’s the approach I’m taking in website legal documents for both…

With a little luck, the state legislature will gut or repeal the California Consumer Privacy Act. Or a court will strike it down as unconstitutional interference with interstate commerce.

But it’s possible the state law will stay on the books unless it’s preempted by Congress sometime in the future.

What Do You Own When You Buy A Website?

By | Website Lawyer, Website Legal Documents | No Comments

What Do You Own When You Buy A WebsitePaul borrowed against his 401k account to buy a website that sold accounting software.

But after the deal closed, Paul had no idea what he owned. Because he didn’t get the right website legal protection.

Common Website Ownership Issues

In fact, Paul received an email from a stock photo agency demanding $5,000.

Why? Because the seller had been posting images on the site without licensing the right to use them.

Then it got worse…

Paul discovered the accounting app sold on his site was a re-branded version of someone else’s application.

  • He didn’t know if he had the legal right to sell the software.
  • And if he did, there were hundreds of competitors selling the same application.

When you buy a site, it’s important to know what you’re purchasing. Otherwise, you’ll overpay.

In some cases, you’re buying a headache…or even a lawsuit!

Where To Get Help When You Buy A Website

An experienced Website Lawyer can help you avoid these problems before you buy a site.

Now if you’re thinking about purchasing a site, it’s time to talk with Internet Attorney Mike Young.

Affiliate Disclosure: How To Do It And Why It’s Important

By | Website Lawyer, Website Legal Documents | No Comments

Affiliate Disclosure: How To Do It And Why It's ImportantWhen her state’s Attorney General’s office contacted her, Patricia panicked. She didn’t want to get sued by the government because of her website.

What went wrong?

Patricia forgot to add an affiliate disclosure to her site. In fact, she didn’t have a privacy policy, terms of use, and other essential website legal documents.

Why is affiliate disclosure important?

Do you promote products or services in exchange for affiliate commissions? You must tell prospective customers.

Because affiliate status is an important fact. Tell prospects before they buy based on your recommendations.

If you don’t disclose, you can get in trouble with a state government or the Federal Trade Commission (FTC). Or an unhappy customer who bought through your affiliate link can sue you.

Here are two possible disclosure solutions…

1. Now if you have the budget, get website legal documents prepared by a Website Lawyer like Attorney Mike Young.

2. Can’t afford this investment in legal protection? Consider Website Legal Forms Generator Software as an alternative. Attorney Young created the forms generated by this software.

3 Surprising Things You Should Never Put On Your Website

By | Internet Lawyer, Website Lawyer, Website Legal Documents | No Comments

website protection legalAre you selling products or services online? For website protection, there are some things you shouldn’t put on your site.

Why?

Because the wrong content can lead to personal danger, lawsuits or even criminal charges.

Here are 3 of the most common content mistakes website owners make.

1. Home Address

Don’t post where you live on your site…unless you want identity theft and stalkers showing up at your front door.

2. Bad Customer Testimonials

Avoid testimonials that are fake, have gone stale, or contain false claims. Even if you make an extra sale or two, these testimonials invite lawsuits.

3. Stolen Website Legal Documents

You can’t “borrow” another site’s privacy policy, terms of use, etc. without the copyright owner’s permission. And if you do get permission, there’s a good chance the docs won’t provide the website legal shield you need.

Do You Want Website Protection?

Then invest in quality docs prepared by an experienced Website lawyer.

If you have the budget, check out our Website Legal Protection Package.

Don’t know how you’ll pay this month’s rent? Consider the protection alternative of Website Legal Forms Generator software.

Should You Copy Terms And Conditions From Another Website?

By | Internet Lawyer, Website Lawyer, Website Legal Documents | No Comments

Should You Copy Terms And Conditions From Another WebsiteWhen you’re looking for website legal protection, you’ll want to include website legal documents on your site. But does it make sense to copy terms and conditions from another website?

The Pros And Cons

Benefits

The benefits to an entrepreneur on a tight budget are that you’re saving time and money up front by not investing in the terms and conditions, privacy policy, and other website legal documents that you need. It’s simply copy-and-paste to have legalese added to your site.

Related Article: Privacy Policy 101 – What Every Website Owner Should Know

But do these benefits outweigh the risks? Or, are you putting yourself in greater danger by taking another site’s legal documents to use as your own?

Legal Risks

As a practical matter, “borrowing” someone else’s legal documents without permission is stealing intellectual property. This typically is referred to as copyright infringement. If you’ve infringed upon someone else’s copyrights, you may be liable for up to $150,000 per document “borrowed” plus the copyright owner’s legal fees in the infringement lawsuit against you.

Note that it’s often difficult to track down and obtain the copyright owner’s permission (usually by paying a fee) to use another site’s legal documents. Most site owners are using their documents per a license obtained from the copyright owner.

A few have also “borrowed” theirs and are at risk of being sued for copyright infringement at any time for intellectual property theft. If you use their bootleg forms, you’re at risk too.

Unfortunately, many site owners simply don’t know what rights they have to the legal documents because they’re not attorneys and didn’t bother to check when buying a license. They might think they “own” the terms and conditions but are actually only licensees with no rights to give others permission to use the documents.

Even if you obtain the legal right to copy terms and conditions from another site, those provisions are probably not designed to protect your site. For example, the website legal documents used at Amazon.com are very different than what the average small business website needs.

What If You Decide Not To Copy Terms And Conditions From Another Site?

Our Internet law firm provides customized website legal documents for a flat fee as part of a Website Legal Protection Package.

Related Article: 7 Keys To Picking The Right Internet Lawyer For Your Business

If your budget is too limited to pay a website attorney to prepare customized documents you need for your site, you may want to consider using Website Legal Forms Generator, a software that generates site legal forms that were created by Internet Business Lawyer Mike Young.