Anti-spam policy External links policy/agreements Disclaimers Copyright retention Trademark usage policiesCommon eCommerce matters include: Compliance with COPA and other laws affecting eCommerce Issues associated with website development/hosting and copyright ownership Trademark and brand issues online eCommerce businesses and projects Trade secrets and online business practices Linking agreements General eCommerce law and Internet laws Digital Millennium Copyright Act (DMCA) Patent issues related to eCommerce Click-through agreements Database protection Electronic signatures/verification Website membership agreement Compliance with federal and state consumer protection laws Information licensing Refund & returns policy Export controls and other trade regulations Warranties and Limits of Liability Other online contracting issuesIn addition to the above-referenced types of matters, there are a number of “offline” legal issuesinvolved in eCommerce and Internet Business law, such as: Outsourcing agreements Search Engine Optimization (SEO) agreements “Software as a Service” agreements Copywriting agreements (e.g., web content, blogs, etc.) Website design/development agreement Joint venture/joint marketing and “affiliate” agreements Technology transfers Web hosting agreements Listing agreements Hosting terms of service Website sales and lease agreements Nondisclosure Agreement/Confidentiality AgreementsSpecial IssuesThe universality and anonymity of the Internet requires online companies deal with a number ofspecial issues beyond those faced in the offline world, such as the following:
Because web sites can be accessed from virtually anywhere in the world, compliance with a complex web of state, federal and foreign legal requirements and systems can present significant challenges. In addition, web sites may be accessed by children, which are protected by a number of state and federal rules. In some instances, site users can post materials that infringe the intellectual property of third parties, creating potential liability for the site hosts. Some web sites offer software and other technical data for download. These sites must ensure that the information is not exported in violation of US trade laws or provided to terrorists. Sites obtaining private data and financial information are often the target of cyber- terrorists, identity thieves and other criminals, so they must ensure their sites and the data are secure. Finally, in the event of a dispute, there may be questions regarding where it would be proper to sue, whether the courts have authority over all the parties, and whether any judgment can be enforced.ConclusionIn conclusion, eCommerce and Internet Business present a number of legal issues and challenges,many of which are addressed by various traditional legal areas. However, the global accessibilityand ever-present nature of eCommerce and Internet Business law require not only an appreciationof the interplay between these various areas of law, but also an understanding of the novel andunique legal issues presented by a company’s online presence.