Website Terms & Conditions
Competent legal advice can mean the difference between a successful e-commerce venture and one mired in legal difficulty and customer dissatisfaction. At Raines Feldman LLP, we develop website terms and conditions and privacy policies that offer companies the full protection of the law.
Our legal team seek to address a number of issues that can be important to website owners, including:
- User-generated content: If a portion of the content on your website is generated by users, you need to ensure that you are not held liable for that content. Section 230 of the Communications Decency Act provides a liability safe harbor for interactive computer services. We help websites obtain the protection of that safe harbor.
- Copyright infringement: Many user-based sites are rife with content that infringes copyrights. We can help ensure that your company is compliant with the Digital Millennium Copyright Act (DMCA) so that it is not held liable for copyright infringement committed by your users.
- Website contests and sweepstakes: There are specific rules about what you can and can't do in a website contest or sweepstakes. Generally, sweepstakes are governed by state statutes. It is important to retain counsel with the experience and specific knowledge of each state's relevant sweepstakes requirements and exemptions. If poorly executed, some sweepstakes could be considered an illegal lottery.
- Commercial e-mail and the CAN-SPAM Act: We are readily familiar with federal and state laws regulating commercial e-mail, bulk e-mails and spam.
- Jurisdiction and venue selection clauses: Internet businesses run the risk of lawsuit exposure across the country. Many jurisdictions are not favorable. We can help your company avoid exposure to such lawsuits through the careful selection of advantageous jurisdictions for legal disputes and/or arbitrations. We can also help you select the most favorable state laws to apply to your e-commerce business relationships.
Data protection issues: There are many federal and state laws regarding data protection. The Children's Online Privacy Protection Act (COPPA) protects the data of children 13 years or younger. If your company's website provides content for children, you must be COPPA compliant. Additional federal data protection statutes include the Stored Communications Act (SCA) and Computer Fraud and Abuse Act (CFAA). An experienced data protection attorney can be critical in ensuring data privacy compliance and the avoidance of class action liability exposure.