Website presentation

472 views

Published on

Published in: Technology
0 Comments
0 Likes
Statistics
Notes
  • Be the first to comment

  • Be the first to like this

No Downloads
Views
Total views
472
On SlideShare
0
From Embeds
0
Number of Embeds
3
Actions
Shares
0
Downloads
2
Comments
0
Likes
0
Embeds 0
No embeds

No notes for slide

Website presentation

  1. 1. YOUR BUSINESS CLIENTS HAVE A WEBSITE…HAVE YOU ADVISED THEM ON HOW TO LIMIT THEIR LIABILITY EXPOSURE P. Haans Mulder, JD, MST, CFP® Cunningham Dalman, P.C. Serving the Lakeshore since 1900
  2. 2. Background • Shareholder at Cunningham Dalman, P.C. • Specialize in business law (subspecialty in technology law) and estate planning • Publications-The Michigan Business Journal Social Networking: Your Business Clients and Their Employees Are Doing It…Are You Advising Your Clients on How to Manage the Legal Risks? (Summer , 2010) Open Source Software: Coming to a Client Near You? (Summer, 2009) Serving the Lakeshore since 1900
  3. 3. Background • Cunningham Dalman, P.C. is located in Holland and has been serving the Lakeshore since 1900 • Has 14 attorneys specializing in all areas of the law Serving the Lakeshore since 1900
  4. 4. Serving the Lakeshore since 1900 Flying at 30,000 feet….
  5. 5. Overview • Start with the practical stuff • What is your client going to do with the site • How is the site being built/maintained and what aspects of the site need to be protected • What are some miscellaneous issues to be aware of Serving the Lakeshore since 1900
  6. 6. Start with the Practical Stuff • Set expectations about complexity • Clients still have all of the traditional business law issues • Take an interest and learn about technology • Realize you will likely be reviewing documents from other sites Serving the Lakeshore since 1900
  7. 7. What’s Being Done with the Site • Terms of use agreement • Advertising • E-contracting Serving the Lakeshore since 1900
  8. 8. Terms of Use Agreement • Governs the use of the site • Define what is permitted and what is not allowed on the site • Identify the owner of the content • Disclaim/limit your client’s liability • Addresses liability issues with the use of hyperlinks Serving the Lakeshore since 1900
  9. 9. Advertising • May be done on the site or through affiliate sites • Must be truthful and not misleading • Required to have evidence to substantiate a client’s claims • Avoid spam by analyzing commercial email content Serving the Lakeshore since 1900
  10. 10. E-Contracting • May be accomplished by click-wrap or browse-wrap agreements • Recommend using click-wrap (unless it does not involved important legal issues) • Is there sufficient notice and a valid consent to the terms and conditions • Use an “I Accept “ box Serving the Lakeshore since 1900
  11. 11. Building Out/Maintaining the Site • Website development • Domain name registration • Software licensing • Privacy policy • Website hosting Serving the Lakeshore since 1900
  12. 12. Website Development • Website is composed of many elements (software, text, photographs, data, video, etc.) • Client should own the site and/or license the elements above • Consult an intellectual property attorney if necessary Serving the Lakeshore since 1900
  13. 13. Domain Name Registration • Help your client chose the domain name (follow general principles under trademark law) • Use a dispute resolution policy (UDRP) to resolve issues • Advise your client to re-new the domain name on time Serving the Lakeshore since 1900
  14. 14. Software Licensing • Determine what rights your client has • What is the term of the agreement • Are there any warranties or indemnification obligations • What remedies does your client have Serving the Lakeshore since 1900
  15. 15. Privacy Policy • One size doesn’t fit all • Define what information will be collected and determine where it is coming from • Is information governed by any particular federal or state laws • Describe what is going to be done with the information Serving the Lakeshore since 1900
  16. 16. Website Hosting • Provider keeps all of your client’s content on its or another company’s server • Does the host own it or is it a reseller • What is the level of service • How is security addressed • Provide for continued hosting and portability Serving the Lakeshore since 1900
  17. 17. Protect Certain Aspects of the Site • Consider protecting the name, graphics/design, and any software applications by registering a mark or copyright • Have work made for hire agreements • Determine if patent protection is available Serving the Lakeshore since 1900
  18. 18. Other Issues to be Aware of • Taxation of transactions • Insurance coverage Serving the Lakeshore since 1900
  19. 19. Taxation of Transactions • Have your client talk with an accountant if it sells goods or services through its site • Likely will have implications for reporting and paying sales and/or use tax Serving the Lakeshore since 1900
  20. 20. Insurance Coverage • Have your client work with agent to determine what claims are covered • Analyze particular uses of site to identify areas of liability exposure (breach of privacy, copyright/trademark infringement, etc.) Serving the Lakeshore since 1900
  21. 21. Serving the Lakeshore since 1900 Questions….
  22. 22. P. Haans Mulder, JD, MST, CFP® 321 Settlers Road Holland, MI 49423 (616) 392-1821 phmulder@holland-law.com http://www.linkedin.com/in/phaansmulder Serving the Lakeshore since 1900 Thank You

×