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Website Agreements & Disclaimers

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The Legal Checkup

Dentists typically recommend that a person’s teeth be cleaned every six months and that oral x-rays be taken at least once every year. Internists recommend that a person receive a physical examination annually. Pets visit the veterinarian for vaccinations and well-care appointments. Vehicles need oil changes and regular maintenance. Your personal and business legal affairs are no different and require regular “legal checkups.” Much like going to the dentist, the idea of meeting regularly with your attorney is probably not going to excite you; but now more than ever, periodic communication with your lawyer is essential. Unfortunately, far too many web entrepreneurs wait too long and ultimately reach out to their attorneys when trouble has already come their way. In many instances, the legal problems encountered could have been prevented had a “legal checkup” taken place. The law in the United States and throughout the world is constantly changing. It is naïve to think that just because a certain activity was legal in 1998, that it is still legal in 2017. In my experience, business operators can be stubborn and unintentionally engage in conduct that may have started as legal but is now considered unlawful. A turbulent or significant change…

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FTC Testifies about Data Security and Small Business

According to the Federal Trade Commission (FTC), earlier today (March 8, 2017), Acting FTC Chairman Maureen K. Ohlhausen spoke about the FTC’s continuing efforts in protecting consumers and educating small businesses on ways to keep consumer data secure. “Failing to take reasonable precautions to secure data from identity thieves and other malicious actors hurts consumers and legitimate businesses alike,” Acting Chairman Ohlhausen said in her written testimony. “Data breaches can harm a business’s financial interests and reputation as well as result in the loss of consumer confidence in the businesses to whom they entrust their data. In the case of small businesses, a data breach can be devastating.” Internet attorney Corey Silverstein has been stressing the importance of data security for years and Silverstein Legal spends a substantial portion of its daily resources on assisting website operators with their data security practices. Website attorney Corey Silverstein continues to insist that online business operators need to treat data security and privacy law as a priority. “Our team of internet lawyers are always ready to educate our clients and prospective clients on the dangers of ignoring data security, privacy and applicable internet law.” Website lawyer, Corey Silverstein says. Silverstein Legal always invites…

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Website Attorney, Corey Silverstein Reminds You: Don’t Forget Website Terms of Use and Service

As a website attorney, one of the more frequent questions that I receive is whether Website Terms of Use and Website Terms of Service are different. In most cases the answer is no. To put it simply, a website’s Terms of Use or Terms of Service is the contract between the website operator and its user(s). The Terms of Use or Terms of Service should contain numerous legally binding provisions between a website operator and its user(s). It is also essential that a website’s Terms of Use or Terms of Service are properly implemented on a website so that the court find them enforceable. A website’s Terms of Use or Terms of Service will differ substantially from website to website, depending on the specific services or products that the relevant website is offering its users. There are far too many website operators who think that it is acceptable and sufficient to simply take someone else’s Terms of Use or Terms of Service and slap them on a website; history has taught us that the act of stealing someone else’s Terms of Use or Terms of Service is a recipe for disaster and can ultimately bind the website operator to unfavorable…

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Website Lawyer, Corey Silverstein Reminds You to Have Your Online Business Reviewed for Legal Compliance

There are far too many online business operators that are not taking legal compliance seriously enough and subjecting themselves to potential liability. A commercial website is still a business regardless of the fact that its home is the world wide web, instead of a traditional brick and mortar facility. In its October 2014 Web Server Survey, NetCraft confirmed that there are over 1 billion websites on the world wide web today. If you think that governments and enforcement agencies across the world have not taken notice of this fact, then you are kidding yourself. In the United States, federal agencies such as the Federal Trade Commission (“FTC”) are prosecuting website operators at an increasing rate with more severe penalties. State attorneys are exercising subpoena power and commencing enforcement actions more than ever before and the United States has not been shy about seizing websites that are suspected of violating applicable law. Additionally, private civil lawsuits in both the federal and state courts involving online businesses and the internet are an everyday occurrence and at all-time highs. Almost all traditional (brick and mortar) successful business operators make legal compliance a top priority and usually won’t even open their doors for business…

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