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Website Legal Protection (resource inquiry)

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BillyShears

New Contributor
Jun 7, 2010
19
1
Scottsdale, AZ
Hi - I looked all through the Business Building (E-Biz/Internet) form for an answer to this . . . I didn't find the answer, but I did find an amusing year-old post from BrianC about being better than Google.

Does anybody who has set up an e-commerce site (or any other viable, for-profit site) have a resource for Website Legal Protection? I know everyone thinks "nobody reads that shiz", and that's probably true. However, in the event of a consumer complaint, I assume that the FTC and the attorney defending you would . . .

I found a resource, but it's pricey. I'm curious to know if anybody can tell me how to do it "by the book" - and by that I just mean, give me a resource like Nolo (didn't find anything there), or whatever. These are the things I'm looking for:

I. Terms Of Service Contract (TOS ) for your Web site business
II. Privacy Policies for your Web site business
III. Earnings Disclaimer for your Web site business
IV. A "Disclaimer & Legal Rights" Web Page To Add To Your Web Site Containing The Following Copyrighted Legal Documents: These statements are combined into one Web site page containing the Choice Of Law Statements, Choice Of Forum Statements, Warranty Statements and Disclaimer Statements.​



I googled "internet terms of service language template" and various combinations of those words, but I'm not sure . . .​
 
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max momo

Contributor
Mar 15, 2008
198
34
California
Why would your language be much different from any other boilerplate legal document that your firm uses?

- Expressed Liability
- Warranty Statements
- Terms and Conditions
- Limits of Liability
- Indemnification Clause
- Consent Clause
- Non-transference

etc;

...just the standard clauses.
 

Bobo

Bronze Contributor
Mar 25, 2008
450
140
You are thinking too hard.

Find one on another site and re-purpose it.

Also, let's think about where you want this website to be hosted from. The FTC seems likely to receive an executive order to start regulating the web. They can do all sorts of neat stuff to ruin your day if the website is owned and run on soil they control. There are offshore server farms with the absolute right to politely extend a middle finger to the relevant government agencies and request that they pound sand.

Hate to sound unpatriotic but a virtual business would be pretty dumb to lacate itself in a highly regulated and litigous locale now wouldn't it?

Scenario:

Government: We want you to follow these guidelines for your website
Onshore Website: yes Sirs
Offshore Website: Bite my a$$

Scenario Two:
US Court: A suit has been filed against you and you are ordered to remove the following content from your website immediately. You are also ordered to appear before this court so that a determination of damages can be made against you blah blah blah...
Onshore Website: Oh shit
Offshore website: Silence (By answering you may give them jurisdiction, if you are not under their jurisdiction then people can try to sue you all day long and what happens? The Court tells them "Uhm, we have no Jurisdiction over a Costa Rican webhosting company, bite their a$$".

...it's possible the court would phrase it differently but the end result would not change.

If'n I was you I'd be looking into that.
 
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