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? On April 12, 2011, Senators John Kerry (D-Mass) and John McCain (R-Ariz) announced proposed legislation that could become the first federal privacy and data security law. If passed into law, The Commercial Privacy Bill of Rights will have a huge impact on how personal information is collected, used, and shared by eCommerce websites. And penalties for failure to comply could be high, very high.
The Way It Was… And Still Is
A little background information is required for...
•FTC's "Do Not Track" Initiative Portends Major Impact on Online Advertising
The Federal Trade Commission's (FTC) publication earlier this month of a proposed framework for protecting online privacy portends a major impact on online advertising. If your website's business model depends on advertising revenue, either directly from the site itself or via a smart, mobile device, you have a big stake in the outcome of the dialogue kicked off by the FTC report.
The FTC report suggests implementation of a Do Not Track mechanism - similar conceptually to the current Do Not...
•3 CAN-SPAM Gotcha's That Every Email Marketer Should Avoid
Experienced email marketers often operate under the misconception that the CAN-SPAM Act doesn't apply to most routine business communications. With CAN-SPAM Act fines of up to $16,000 per violation, this misconception could add up to a big number.
That's why email marketers should avoid 3 gotcha's that are CAN-SPAM traps for the unwary.
The CAN-SPAM Act
The CAN-SPAM Act of 2003 (CAN-SPAM) promised to provide remedies against annoying and unsolicited bulk email known as "spam". Typical of...
•Website Legal Compliance for Blog Sites Now More Risky Than Ever
Copyright 2010 Chip Cooper
Unfulfilled promises by blog site personnel to remove objectionable materials from blogs continue to create headaches - and increased legal exposure - for blog site operators. A recent case involving craigslist.org teaches a critical lesson for blog site operators: be very careful what you and your personnel promise; be very, very careful.
Section 230 of the Communications Decency Act
If you're a blog site operator, you should have a clear understanding of the...
•Flash Cookies Trigger Privacy Suits Against Online Marketers
Copyright 2010 Chip Cooper
The use of Flash cookies capable of re-installing browser tracking cookies - that users have previously deleted - has triggered the filing of multiple privacy lawsuits against some of the Web's largest media companies. At issue is a user's fundamental right to control how their tracking information is harvested and shared.
Issues raised in these lawsuits take behavioral advertising privacy concerns to a whole new level, particularly for sites that participate in...
•Critical Lessons for Your FTC Website Forms From FTC Settlement With Reverb Communications
Copyright 2010 Chip Cooper
The Federal Trade Commission's recent settlement with Reverb Communications is the FTC's first case targeting deceptive advertising on the Internet since the FTC Guides were announced late in 2009.
If you use online endorsements or testimonials from others, you should review your internal marketing policies and your FTC website forms to avoid substantial liability for deceptive advertising.
The Reverb Communications Case
Reverb Communications is a public...
•Negotiating Your Corporate SaaS Agreement - Do You Flunk the Test?
? Copyright ©2010 Chip Cooper
You're offering a SaaS (Software as a Service) solution to the corporate market. You've developed your standard form SaaS agreement (sometimes referred to as a "hosted software services agreement"). And you've presented your agreement to your corporate prospect's representative.
Are you prepared for the issues you're most likely to be confronted with by a SaaS-savvy corporate user - or do you flunk the test?
Two Approaches to SaaS Contracting
There are two...
•2 Critical Requirements for Enforceable Online Recurring Billing Agreements
Copyright 2010 Chip Cooper
Membership programs that incorporate a recurring billing model - where customers' credit cards are charged periodically - have been under intense scrutiny by Congress and various courts.
In a recent opinion affirming the enforceability of an of an online contract for recurring billing, the 5th Circuit Court of Appeals analyzed the facts and applicable law for two critical requirements for enforceability.
The Vistaprint Case
The plaintiffs alleged that they...
•Harvesting Tweets for Research and Profit - Is it Legal?
? Copyright © 2010 Chip Cooper
Harvesting tweets is on the rise.
Researchers and marketers alike are now capturing and downloading Tweets from Twitter's database. Privacy activists argue privacy concerns. Researchers, marketers, and Twitter users all want to know - is Twitter harvesting legal?
How and Why
Every day, users of the Twitter social media publishing platform send out millions of Tweets -- short electronic messages of 140 characters or less -- to their readers and followers....
•Do Trademarks Always Trump Domain Names? Not always.
Do Trademarks Always Trump Domain Names? Not always. Copyright © 2010 Chip Cooper
Online start-ups are faced with the daunting task of selecting a domain name that will withstand legal challenges.
There's a general belief among online start-ups that a trademark owner will always trump a domain name registrant with the same or confusingly similar domain name. That's not always the result... as two recent 2010 UDRP decisions point out.
The UDRP
What is the UDRP, and why is it important?...
•SaaS-eCommerce Sites: Twitter Case Provides Critical Lessons in Administrative Security
Copyright © 2010 Chip Cooper
In June, 2010, the Federal Trade Commission (FTC) settled charges that Twitter's micro-blogging site had engaged in lax security practices that amounted to "unfair and deceptive trade practices".
While previous cases brought by the FTC for lax security procedures focused on lax electronic controls, the Twitter case focused on lax administrative controls. Webmasters of SaaS and ecommerce sites who fail to learn and apply the critical lessons of the Twitter case do...
•Why The New Behavioral Ad Icon Matters to Webmasters
Copyright © 2010 Chip Cooper
The new behavioral ad icon will begin to appear on website ads soon. Whether or not it satisfies the concerns of online consumers and governmental regulators should matter a great deal to all webmasters.
The Interactive Advertising Bureau (IAB), acting with several other organizations, recently announced the release of an icon to appear in online ads and Web pages. The new icon - a blue square with a lowercase "i" in a circle - is intended to be placed within ads...
•Proposed Online Shoppers' Confidence Act: Huge Impact on eCommerce and Membership Sites
Copyright © 2010 Chip Cooper
On May 19, 2010, the U.S. Senate Commerce Committee released proposed legislation - the "Restore Online Shoppers' Confidence Act" - aimed at regulating sites that transmit or receive consumer data for post-transaction sales and sites that sell products or services with recurring charges.
The proposed legislation was based in part on the Commerce Committee's 2009 report that focused on three direct marketing companies: Affinion, Vertrue, and Webloyalty. The...
•Will Your SaaS Agreement be Unenforceable for a User's Lack of Contracting Authority?
? Copyright © 2010 Chip Cooper
Courts continue to hold that online SaaS agreements, where the user clicks through on an I ACCEPT button during the online registration process, are legally enforceable... if the agreement is presented correctly.
Two recent cases deal with the issue of contracting authority. In these cases, the users' employees clicked through on the I ACCEPT button, and the online agreements were presented correctly, but the users later claimed that contracts were...
•Proposed Legislation Will Increase Burden for Website Legal Compliance
Copyright © 2010 Chip Cooper
The U.S. Congress will soon be voting on two separate bills, which if they become law will certainly increase the burden on webmasters for website legal compliance, including new disclosures and website legal forms.
Given the current mood in Congress for more and more regulation, it's likely that the federal government will soon have increased regulatory authority over the advertising practices of Web business - both in terms of how they target consumers and with...
•3 Critical Alerts Regarding Your Website Legal Forms For Privacy and Data Security
Copyright © 2010 Chip Cooper
Website privacy and data security violations continue to be the most critical legal concern for webmasters of software-as-a-service (SaaS) websites and ecommerce websites.
Just think about it - most marketing practices involve capturing data, including personal information about prospects, and using this data to market products or services.
How you collect, store, use, and share this information is now highly regulated, not only by the Federal Trade Commission...
•Your Website Legal Forms and the "Results Not Typical" Gotcha
Copyright © 2010 Chip Cooper
"Success story" testimonials have long been a staple for advertisers with their website legal forms. "I lost 12 pounds in my first month, " and "In 3 short months I was taking in over $5,000 per month on my website..." are typical examples.
The Federal Trade Commission (FTC) in its Guides Concerning the Use of Endorsements and Testimonials in Advertising (16 C.F.R., Part 255) effective in December, 2009 placed severe restrictions on the use of the "results not...
•Do Your Website Legal Documents Position You for Marketing Success?
? Copyright © 2010 Chip Cooper
Website legal contracts, website legal forms, and website documents as positioning statements for marketing purposes? You've got to be kidding, right?
That's the typical reply I get when I advise clients regarding website legal compliance. They're aware of the critical need to manage their legal exposure, particularly after the Federal Trade Commission (FTC) Guides went into effect on December 1, 2009.
They're not aware of how these website documents also make...
•Should Your Affiliate Agreement Require Strict Compliance With CAN-SPAM, or More?
? Copyright © 2010 Chip Cooper
If you recruit and manage an affiliate network, you're probably aware that under the CAN-SPAM Act of 2003 (CAN-SPAM) you can be held liable for your affiliates' spam. Consequently, your affiliate agreement should address the spam issue. Should you simply require strict compliance with CAN-SPAM, or should you require a more restrictive approach?
And if you're an online marketer with no affiliate network, what are your rights to send unsolicited commercial email?...
•Top 12 Must Have Clauses for Your Referral Agreement Template
Copyright © 2010 Chip Cooper
Every small business should have a referral agreement template. A simple referral agreement will help you get new business in any economy, and particularly in a down economy.
You need a good referral agreement template handy so that when a good opportunity presents itself, you'll be prepared. You'll never know in advance when this will happen.
A good referral agreement will have certain essential clauses. This article presents a checklist for the clauses you'll...
•How to Write an FTC Guides Disclosure Policy
Copyright © 2010 Chip Cooper
Effective on December 1, 2009, online affiliates, resellers, bloggers, podcasters, video producers, and other producers of consumer-generated online content began to be regulated in their online endorsements and testimonials by Guides issued by the Federal Trade Commission (FTC), and failure to comply can result in a hefty $11,000 fine imposed by the FTC.
Now that the initial buzz on the Web has analyzed when and under what circumstances endorsers are required to...
•Your SaaS Agreement - Which End-User Agreement Approach is Right For You?
? Copyright © 2009 Chip Cooper
If you offer software as a service (SaaS), your choices among contracting approaches for users include an electronic, click-wrapped agreement or a more traditional paper-based, signed agreement - or even a hybrid of these two approaches.
How do you decide which approach is right for you? What are the factors to consider?
Click-Wrapped Agreement Approach
With the click-wrapped agreement approach, the agreement is presented to the user as part of the online...
•Top 4 Strategies To Structure Your SaaS Reseller Agreement
Copyright © 2009 Chip Cooper
You've successfully started up or converted to the SaaS model, and now you'd like to leverage your success by setting up a reseller channel for your SaaS offering. Or, you'd like to offer functionality using the SaaS model to your existing customers, and you'd like to start by offering a SaaS service provided by another service provider.
How do you go about structuring the transaction - including the SaaS Reseller agreement that will implement it?
There are at...
•CliffsNotes For Bloggers To Avoid The FTC's $11,00 Fine For Endorsements
CliffsNotes For Bloggers To Avoid The FTC's $11,00 Fine For Endorsements Copyright © 2009 Chip Cooper
If you've already read - and clearly understand - the 81-page Guides for the use of Endorsements and Testimonials in Advertising issued by the FTC on October 5, 2009, then read no further.
However, if you're a blogger or other producer of consumer-generated online content, and you're not quite sure about how to decipher the legaleze or how to comply with the Guides, then this article may...
•3 Critical Things Blog Site Webmasters Need To Know About The FTC's New Blog Regs
Copyright © 2009 Chip Cooper
In recognition of the increasing influence of social media online, the Federal Trade Commission (FTC) on October 5, 2009, for the first time since 1980, issued new regulations governing online testimonials and endorsements by bloggers.
If you operate a blog site, your exposure to legal liability may have increased exponentially. Violators could be fined up to $11,000. And you face new liability associated with statements made by your endorsers, such as...
•Do You Own Your SaaS Website? Part 3 - Your Opt-In and Customer Lists
Do You Own Your SaaS Website? Part 3 - Your Opt-In and Customer Lists Copyright © 2009 Chip Cooper
Stop and think about your website for a minute. Think about ownership.
You're probably thinking of the typical website elements - web pages, content, and background software. Possibly even your domain name. Right?
Have you ever considered that your opt-in and customer lists may be worth more than all of the typical website elements combined?
You should. And a purchaser of your website...
•Do You Own Your SaaS Website? Part 2 - Have You Considered Pre-Existing Elements?
Do You Own Your SaaS Website? Part 2 - Have You Considered Pre-Existing Elements? Copyright © 2009 Chip Cooper
Back in the day, most websites were developed completely from scratch - consequently, determining ownership was relatively easy.
These days, websites are rarely developed completely from scratch. Today, the typical website consists of some new development, but that new development typically bundles together a number of pre-existing code modules, tools libraries, web services,...
•Do You Own Your SaaS Website? Part 1: 5 Copyright Myths Debunked
Do You Own Your SaaS Website? Part 1: 5 Copyright Myths Debunked Copyright © 2009 Chip Cooper
Your SaaS website represents an important investment. It may produce income for you - maybe even a lot of income... either now or in the future.
What if someone made you an offer to buy your website - an offer you can't refuse? Do you really own your website and all of its components? Could you transfer clear ownership to the buyer? Or does the deal fall through because, upon close examination,...
•New Consumer Tracking Rules Make it Easier to Flunk Website Legal Compliance
Copyright © 2009 Chip Cooper
Let's suppose you want to track behavioral data indicating how users use your website. You provide users who volunteer with a downloadable software application to track this data.
Also suppose you provide a notice of your tracking plan in your end user license agreement accompanying the software, and also in your privacy policy.
Should you feel confident that you've covered all the bases in terms of website legal compliance?
No... says the Federal Trade...
•5 Rules Your SaaS Website Should Follow to Avoid Claims For False Advertising
Copyright © 2009 Chip Cooper
Many Internet entrepreneurs are lulled into sleep regarding potential liability for false advertising on their websites. They don't serve banner ads or engage in pay-per-click advertising - and because of this, they incorrectly believe they are exempt from rules regarding false advertising. Nothing could be more incorrect - and more dangerous in terms of exposure to legal liability.
What is False Advertising?
Basically, false advertising is any advertising...
•16 Things Every Website Absolutely, Positively Needs To Know About Website Legal Compliance
I talk to a lot of owners of small websites -- entrepreneurs getting started with new businesses or re-doing existing sites on the Web -- and most of them have a profound lack of understanding regarding the scope of legal regulation they face.
What's worse, most don't have any idea of their exposure to legal liability.
Why Aren't Website Owners Aware of Website Legal Compliance Requirements?
I believe the lack of awareness and understanding is due to several factors:
* most small website...
•Sex, Lies... And a Dumb Mistake Your Blog Website Can't Afford
Copyright © 2009 Chip Cooper
Does your website incorporate a blog, forum, or listserv -- where users may post text or files? If so, are you liable if your users post defamatory materials about someone else?
In 1996, Section 230 of the Communications Decency Act (Section 230) came to the rescue of "interactive computer services" by overruling prior case law that would hold websites liable. But Section 230 is not bullet-proof. Interactive websites may still be liable as the May, 2009, Ninth...
•Is Your SaaS Agreement The Only Website Legal Document You Need?
? Copyright © 2009 Chip Cooper
I'm often asked questions about SaaS (Software as a Service) agreements. What I have to prompt SaaS webmasters to ask is - "Is my SaaS agreement the only website legal document I need?"
To most Saas site webmasters, the answer may be surprising.
What Is a SaaS Agreement?
A SaaS Agreement is a customer agreement, and for this reason, it's usually the focal point for webmasters of SaaS websites. However, they're rarely called a "customer agreement" or even a...
•SaaS And Ecommerce Sites - Don't Miss the May 1, 2009 Deadline
Copyright © 2009 Chip Cooper
On March 20, 2009, the Federal Trade Commission (FTC) published its latest guidelines for the Red Flags Rule entitled "Fighting Fraud with Red Flags Rule: A How-To Guide for Business". These guidelines significantly broadened the scope of the applicability of the Red Flags Rule.
Many SaaS and ecommerce websites may now be surprised to learn that they are covered by the Red Flags Rule - and as a result they may face substantial liability for failure to comply.
If...
•SaaS And Ecommerce Businesses -- Are You Liable For Failure To Bind Your Service Providers?
? Copyright 2009 Chiup Cooper
If you've been following legal developments on the Web in the last couple of years, you know that there is significant concern regarding privacy and data security. This concern is driven by consumers' fears over identity theft.
The Life Is Good Case - 5 Data Security Safeguards
In a well-known case filed against Lifeisgood.com, the Federal Trade Commission (FTC) announced in a press release dated January 17, 2008, that Life Is Good agreed to implement the...
•Ecommerce Websites -- 3 Tips To Avoid Liability For Actions of Your Online Resellers
Copyright 2009 Chip Cooper
Recent case law confirms once again: if online agreements are presented properly to end-users, they're legally enforceable.
This continuing trend is good news for websites that contract with registered users though SaaS Agreements, Membership Agreements, Subscription Agreements, Terms of Sale, Content License Agreements, and the like.
Why? Among other things, this means that important legal disclaimers and limitations of liability are legally enforceable.
But...
•3 Tips For Your General Audience Site To Avoid Tripping The COPPA Trap
Copyright 2009 Chip Cooper
If you think that the Children's Online Privacy Protection Act (COPPA) applies only to websites that target children under 13, you're uninformed. Sony found out the hard way, and as a result Sony has agreed to pay a $1 million fine in settlement of a case brought by the Federal Trade Commission (FTC). You can avoid falling into this trap with your general audience site if you follow 3 simple tips.
COPPA or COPA?
In January, 2009, the US Supreme Court refused to...
•Your Privacy Policy: Plan Ahead Or Your Opt-In and Customer Lists May Be In Jeopardy
Copyright © 2009 Chip Cooper
I talk to clients all the time about not falling into the trap of believing that their privacy policy is really nothing but a lot of fluff, filled with vague, self-serving statements such as "we respect your privacy".
It's actually way more than that; it's viewed as an enforceable contract by the Federal Trade Commission (FTC), and as such it may be construed against you and subject you to substantial liability.
It's critical that you plan ahead... anticipate...
•Use of a Competitor's Mark In Keyword-Triggered Ads - Legal Summary As We Begin 2009
Copyright © 2009 Chip Cooper
In the last four years or so, cases involving keyword-triggered ads have been hotly litigated. As we begin 2009, it's a good time to look back to see if the law has settled a bit.
The stakes regarding keyword-triggered ads are high-both for trademark owners and their competitors alike, and also for search engines. Companies spend significant sums on Internet advertising -- sums that routinely surpass even optimistic projections.
Google Modifies Keyword Policy in...
•2009 Resolution -- Give Your Site a 10-Point Legal Check-Up
It's early in the year, and it's time to fulfill your resolution to give your site a quick legal check-up.
Online businesses are now highly regulated, and there's substantial liability if you site's not legally compliant. In addition, your customers are becoming more Internet savvy, and a site that's not legally compliant is not going to be trusted.
So, let's get started.
Use This Checklist If You Already Have The Basic Site Documents In Place
1. Copyright Notice. Check Your Copyright...
•"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.
The reason for the delay is uncertainty over who is covered. 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.
What Are The Red Flag...
•Website Copy: Beware of Unintended Warranties If You Write Your Own Product Descriptions
If you're like most small ecommerce businesses, you'll write your own product/service descriptions. In doing so, you will encounter a legal pitfall unknown to most... you may be creating unintended warranties that could result in substantial liability.
How can this be? How can you unwittingly create a warranty for which you will be held legally liable?
Uniform Commercial Code Warranties
The Uniform Commercial Code (UCC) is a collection of state laws that are relatively "uniform" from state...
•Website Terms of Use: Are Yours Enforceable? Does It Matter?
Website Terms of Use: Are Yours Enforceable? Does It Matter? Clients frequently ask me, "click-wrapped", "browse-wrapped" -- what do these terms mean? Are they the typical legal mumbo jumbo?
Your Customer Agreement (often called a Subscription Agreement, Membership Agreement, or SaaS Agreement) is a so-called "click-wrapped" agreement because your customer indicates agreement by clicking on an I AGREE button. For this reason, click-wrapped agreements are usually legally enforceable...
•Your Privacy Policy: Can It Improve Your Conversion Rates? You Bet!
Your Privacy Policy: Can It Improve Your Conversion Rates? You Bet! I've always been a stickler for advising my clients to comply with applicable laws regarding the posting, maintenance, and amendment of their privacy policies and related regulations regarding data security. The reason... because there's substantial exposure to liability if you don't.
Recently, however, I've been advising clients to do these things for another reason -- to improve their conversion rates. That's right!...
•The Computer Fraud And Abuse Act -- Effective Weapon Against Disloyal Employees?
? Employers have typically used several legal theories in actions against disloyal former employees -- copyright infringement for copying copyrighted code, trade secret misappropriation where the employee misuses or discloses confidential information or trade secrets, and possibly breach on a non-competition covenant.
Now, there's another theory derived from the federal Computer Fraud And Abuse Act -- a claim based on unauthorized access to the employer's computers or network. Do these claims...
•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?
Manifestation of Assent
The key to understanding these terms is understanding a key term in contract law -- "manifestation of assent"....
•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.
If true, this could be a very good thing for ecommerce sites looking to boost revenues. But the buzz over behavioral ads has also raised the concerns of privacy advocates, and recently even the...
•User Generated Content (UCG) Presents Big Advertising Oppoutunity For Small Online Businesses
User Generated Content (UCG) Presents Big Advertising Oppoutunity For Small Online Businesses User generated content (UGC) is a rapidly growing phenomenon on the Internet. Popular social networking sites that rely on UGC for content include YouTube, MySpace, Facebook, Friendster, just to name a few. Generally, UGC refers to various kinds of media content produced by regular, every-day people (as distinguished from traditional media producers).
But UGC is not just for social networking...
•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.
Multiple Senders And Email Marketing Campaigns
One issue...
•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.
What is Marketing Copy?
Wikipedia defines "copy" as written material, in contrast to photographs or other elements of layout, in a large number of contexts, including magazines, advertising, and book publishing. In advertising, web...
•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?
The Vacation Spammer Case
In November, 2006, the 4th Circuit Court of Appeals commented in the case of Omega World Travel v. Mummagraphics, Inc.(sometimes...
•Intellectual Property: Why "Borrowing" Web Content Is A Really Bad Idea
We've all been there before.
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!
Copyright Infringement Issues
Under the US Copyright Act, there is a principle some refer to as the "rule of automatic copyright". This rule provides that once an author or artist:
* creates a work of authorship (text,...
•Ecommerce Sites: Beware of 3rd Party Cookies - Are Google Analytics Users In Privacy Breach?
? To be successful, ecommerce sites require information about site visitors.
What sites are the top referrers? Which search engine produces the most traffic? How long do visitors remain on-site, what is their pathway through the site, and what pages do they exit from?
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?
What's A...
•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.
Note that your Customer Agreement may go by any one of several names -- such as SaaS Agreement, Membership Agreement, Subscription Agreement, Terms of Sale, Content License Agreement, etc.
Will your amendments be effective? That's the question you should...
•Do You Own - And Control Your Domain Name? You May Be Surprised!
Do You Own - And Control Your Domain Name? You May Be Surprised! 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.
Dawson v. Brandsberg - The Facts
The dispute was between a website operator and developer regarding rights to a domain name that consists of the...
•Email Marketing: Are You Liable For Your Affiliates' CAN-SPAM Violations?
? How you build and use your email list involves the federal CAN-SPAM Act of 2003 (CAN-SPAM). CAN-SPAM applies to essentially all businesses in the United States which send commercial email, which is defined as any email message "the primary purpose of which is the commercial advertisement or promotion of a commercial product or service (including content on an Internet website operated for a commercial purpose)".
Nearly any business email is covered by CAN-SPAM, including email newsletters as...
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