Putting your business online? Untangle the legal web first

By: Aaron Kelly | Posted: 16th December 2010

The internet has been instrumental in helping businesses grow. Before putting your business on the internet, it is important to make sure you are complying with the law. There is a growing consensus that there is a quasi-relationship between every website owner and its visitor or viewer. Some of these duties are statutory, while others are contractual.

The first basic relationship that is created between the website owner and the viewer is the "Terms of Service". The Terms of Service define the relationship between the parties and require the user to accept the terms before viewing the site. The viewer agrees to abide by the Terms and only use the website and its information for the purpose conveyed in the Terms of Service.

Next, the website must display a Privacy Policy or a Disclaimer regarding the content. Every website must display a policy regarding the information it collects, even if it does not collect any information. To be safe, you should have a privacy policy even if you are not a commercial site. Furthermore, if you collect information from children visitors, you must consult with an experienced attorney to draft your privacy policy to inform the viewer of the current laws regarding children and the internet.

If you are selling a product you should have a "Purchase Agreement" on your site. This agreement should outline the product you are selling, the description of the obligations the purchaser is agreeing to, and finally a disclosure of your refund policy, guarantee terms, and limitations in liability.

By implementing these three policies in your site you are forming a firm foundation for your internet business. It is important to consult with an experienced Online attorney when crafting these policies. Not all circumstances are the same, and internet laws change quite frequently. By ensuring your business is in compliance you may be able to avoid many of the potential problems the result from placing your business on the internet.
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Tags: circumstances, internet business, purchaser, relationship, website owner, refund policy, consensus, disclosure, compliance, purchase agreement, firm foundation