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Website Terms And Conditions

Two Ways To Legally Protect Your Business Website

By Internet Lawyer, Website Lawyer, Website Legal Documents
website legal protection - terms and conditions

When your business has a website, you want to avoid lawsuits from customers and site visitors. And you hope that a government agency doesn’t decide to investigate you because you broke the law with your website’s content without knowing you did anything wrong.

Because even if you ultimately “win” a lawsuit or successfully defend yourself in a government investigation, your business still loses time and money.

Fortunately, there two simple things you can do to reduce the risk this will happen.

First, have a professional website legal compliance review performed by an experienced Internet business lawyer.

Second, get the right website legal documents (e.g., privacy policy, terms of use, refund policy, etc.) prepared that are designed to specifically protect your site.

Fortunately, you can outsource these tasks to someone instead of trying to do it yourself. Click here to learn more about getting a business website legal protection package. Or set up a phone consultation with Internet Business Attorney Mike Young.

Should You Copy Terms And Conditions From Another Website?

By Internet Lawyer, Website Lawyer, Website Legal Documents

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.

What Is A Website Legal Disclaimer?

By Internet Lawyer, Website Lawyer, Website Legal Documents

What Is A Website Legal Disclaimer?A website legal disclaimer is a generic term for a document posted on a website that is commonly referred to as “Terms of Use,” “Terms of Service,” “Terms and Conditions,” and the like. Most sites that have this document hyperlink to it in the footer. However, a few link to it from the sidebar.

Disclaiming Professional Advice

In addition to the above, there’s a unique type of disclaimer used by sites for attorneys, physicians, accountants, investment advisors, and similar professionals. This disclaimer will make it clear to the visitor that the website content (text, video, audio, etc.) does not constitute professional advice and that the visitor should seek such advice by speaking with a licensed professional in that field.

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

It’s important to note that the exact language used for this kind of disclaimer will vary both by profession and the state in which the professional’s office is located. In other words, the requirements for a Texas law firm’s website will be different than those for a site owned by a New York City dentist.

The professional advice disclaimer can be a separate legal document on the website or incorporated into a broader terms of use for the site that addresses other issues unrelated to advice.

Common Disclaimers

Among the topics covered in a site’s disclaimer (whether or not the site is for a licensed professional’s business) are the following…

1. Earnings Disclaimers.
2. Health Disclaimers.
3. Warranty Disclaimers.

Related Article: 5 Warning Signs You’re Using The Wrong Website Legal Documents

How To Get A Website Legal Disclaimer

An experienced Internet attorney can prepare a customized disclaimer and other important website legal documents for you (e.g. website privacy policy, refund policy, etc.). Be sure to check out Internet Lawyer Mike Young’s Website Legal Protection Package.

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

If you cannot afford an attorney, a potential do-it-yourself (DIY) solution is Website Legal Forms Generator software. Attorney Young created the legal forms that are generated by the software.

Website Terms Of Service

By Internet Lawyer, Website Lawyer, Website Legal Documents

website terms of service

What are terms of service?

Website terms of service, also known as “terms of use” and “terms and conditions of use,” are typically the rules a website’s visitors must agree that they will follow in order to make use of the website, plus disclaimers limiting the potential liabilities of the owners of the website business in question.

Why have these terms on your site?

A well-written set of terms of service will be legally binding and at the same time can be updated over time if the need arises because of changes in the law or site content.

What typically goes into a set of terms of service?

Your site’s terms may provide a list of definitions for key terms while also explaining the website’s rules and policies and how they apply to users of the website. This most commonly is done in the form of a listing of the services and goods provided and a breakdown of any fees associated with these products and services.

Having a good set of terms of use is important for the attraction of clients and because of the legal protections they can provide.

Potential clients put a lot end to put a lot of stock in a well written set of terms because they make it clear to just how they will benefit from the web service and what that benefit is going to cost them.

Companies that post terms and conditions to their websites benefit from the certainty their clients feel when visiting a site with a well written set of terms. However, they also will benefit from their terms of service because they can be written with disclaimers and other protective shield language to offer a fair amount of protection as website owners.

How do you get your own set of terms of service?

Does your bursiness need a terms of service document put together for your website? Internet Lawyer Mike Young has been helping businesses by preparing their terms of service and other website legal documents since the mid-1990s. To get new terms or service or have your existing terms reviewed, set up a telephone consultation with Attorney Young.