Showing posts with label pre-paid legal. Show all posts
Showing posts with label pre-paid legal. Show all posts

Monday, July 20, 2009

16 Things Every Absolutely, Positively Needs To Know About Website Legal Compliance

The following article was taken directly from the site reference website. It was originally written by Chip Cooper. I read it and thought it would help some or all of you in your endeavours. It's really interesting and very eye opening.

Sooooo, proceed with an open mind, a pen and paper, and patience. Enjoy!!



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 owners don't have an Internet attorney; most don't even feel the need for one, and the ones who do, don't know how to find one they can trust;

* most website developers don't inform their clients of the need for website legal compliance;

* website regulation developed without fanfare; to date, there is no federal privacy statute of general application that would have been highly publicized at the time of passage;

* privacy and data security regulation has developed in piecemeal fashion in the form of state statutes (with California leading the way); federal jurisdiction was not created by any Internet-specific statute - the Federal Trade Commission (FTC) assumed jurisdiction for enforcement of privacy and data security violations by claiming jurisdiction (successfully) resulting from its authority to regulate false and misleading claims under Section 5 of the FTC Act; and

* despite press releases by the FTC regarding claims filed against websites, the message is just not getting through to entrepreneurs; for example, in the last 3 years, the FTC has settled with fourteen businesses over inadequate data security for personal information with substantial fines levied in some cases, and the FTC's aggressive enforcement has continued into 2009 with two new actions filed in the first two months of 2009.

So, given the factors listed above, it's understandable why most entrepreneurial website owners aren't aware of the need for website legal compliance. However, website owners won't be able to plead ignorance. The cliche you've heard before is true - "ignorance is no excuse".

16 High Risk Activities That Indicate The Need For Website Legal Compliance

There are certain website activities that are now very high risk - and indicate the need for legal compliance measures. They include:

* collection of any single element of personal information; for example, if you collect merely an email address for a sign-up form for product information, a newsletter, or a downloadable report, you have entered an area that is highly regulated - and which presents a very significant exposure to legal liability;

* collection of credit card information;

* failure to operate a secure server that stores personal information;

* failure to identify and assess internal and external risks to the security of personal information;

* failure to monitor the effectiveness of security of personal information and update security measures as indicated by changes in website operations;

* offering monthly subscription or membership payment models, or any payment scheme where payment is made over time after the delivery of the product or service;

* sharing of personal information with others for purposes of direct marketing;

* permitting third party service providers such as website maintenance and SEO service providers or hosting service providers to have access to the internals of your server;

* transmission of personal information outside the website's secure system or across public networks; Nevada and Massachusetts both have statutes regulating these activities;

* operation of a blog or forum that permits users to upload text or files;

* operating a website that targets children or at least by virtue of graphics, text, and products or services would be attractive to children under 13;

* serving third party cookies (e.g. Google Analytics);

* serving behavioral ads (e.g. Google's AdSense);

* appointment of online resellers or affiliates;

* use of a competitor's trademark in keyword-triggered ads; and

* "borrowing" someone else's privacy policy without detailed analysis of how it fits your own specific business and marketing practices.
Make Website Legal Compliance a Top Priority

If your website engages in any of the risk factors listed above, website legal compliance measures are required-- and compliance should become a top priority ASAP.


The legal liability for failure to comply can be significant.
Leading Internet, IP and software lawyer Chip Cooper has automated the process of drafting website documents for small websites with his "My Legal Firewall" website documents drafting service.

Discover how quick, easy, and cost-effective it is to determine which legal compliance documents you need to draft them online, and claim your FREE special report, determine which legal documents your website really needs at http://digicontracts.com.


Tuesday, May 12, 2009

Is Legal Advice Really Necessary In Our Pretty World???

by: Cristina Rivera

Lawyers?? REEAALLYYY???? I mean, this is Make-up, Fashion, Photography etc.. for crying out loud!!

You've showered, styled your hair, put on your faces and slipped on those expensive shoes. You're on your way out of the house and you decide to double check the weather channel to make sure you're not caught in a tsunami on your way out into the world. The weather man has called for rain. How much rain is something he can't say, could be from a sprinkle to a heavy shower. They're isolated though so you can't be sure where it will rain and where it won't. Hmm... to grab the umbrella or not to grab the umbrella. I can just hear you now saying "Duh, grab the umbrella it MIGHT RAIN". LOL.. I agree!!!

Most of us would, in fact, grab the umbrella to be sure they're prepared in case of rain. It doesn't hurt to have it on your person. If you're caught in a storm, you're ready, and if not, at least you can rest assured that you were ready for it.

Now, turn this same way of thinking on your business. You've networked you're little heart out. You've contracted people to work for your show or photo shoot, or you ARE the person being contracted. You've read your agreement and signed on the dotted line. You're ready to go. In an unfortunate turn of events you find out that you're services are not going to be paid for right away. They've actually reserved the right to send payment for 30 days. You didn't realize this and now you're stuck.

How will you pay your rent, your car note, or maybe even get home. Who is going to help you? Certainly not the person that drew up the contract. I would say it's fairly obvious that the contract you signed was written in their best interest. They've drawn up an agreement that they felt was fair and you signed it after all.

Another scenario for you. You've NEVER received payment for services rendered. You can't reach the person who owes you. You've sent emails and invoices, you've mailed requests for payment with no response. Nervous yet?

Better yet, you've agreed to jump on a plane and travel to a far place for work. You've made arrangements for travel based on the email you were sent by the person contracting you that they would reimburse your expenses once you've arrived. You arrive at the destination only to find that the event has been canceled. There is no one there to meet you. You're troubles were for naught.

This is what I would call a tsunami. Generally speaking, we should hope for the best but always be prepared for the worst. Where is your umbrella now? Where is the lawyer that could have re-couped all of your costs, retrieved your payments or read the contracts and explained them to you BEFORE you signed??

This, my friends, is why a lawyer is a good idea.

Now I know what you're thinking, "I can't afford a lawyer". Well, there IS such a thing as pre-paid legal . With pre-paid legal, you can pay installments to a lawyer and you'll be able to rest assured that when you need them, they'll be there. You'll have representation in case of litigation (heaven forbid) and even to draw up your own contracts.

So don't overlook such an important part of your business, protecting yourself. No one is going to do it for you. Remember that everyone in business is pretty much looking out for themselves because THEY know that they're the only ones who can and will.

Once you've prepared for the worst, you can continue hoping for the best.
Smile, be courteous, continue to network & get those gigs!!!