Your company has decided to establish a presence on the internet and you and other company employees have worked diligently on the graphics and have made sure that the site is attractive and functional.
If you are using the site to transact business will your company compile customer information? Will the site be restricted to members only? Will the site be restricted to persons over the age of 18, or will it be directed to minors? Will there be contests, games, quizzes and/or other interactive activities?
Regardless of the nature of the site, there are some basic requirements for every site if the site will be used for purposes other than advertising.
Your company will have to explain what information you are collecting and what you will do with the collected information. If the site is for members only, you will need to clearly spell out the terms of membership and allow members to opt out if they no longer wish to be members. If you are allowing access to minors, or are actually encouraging such access, it would be wise to not only have a disclaimer as to use, but in addition you may want to make parents aware of such use by asking for a separate form of consent.
There are other standard requirements such as proper copyrights notices and a clear recognition of trade-marks and trade-names, especially if you are using another entity’s marks with their permission and jurisdictional language.
Paul D. Creme is an attorney with Hamblett & Kerrigan PA. His practice is focused on business and corporate law. Of particular interest are the areas of software and emerging technologies. You can reach Attorney Creme at [email protected].