There are certain basic legal projects that you need to have in place before you launch a new web business:
Company Formation: Just as with a traditional company, in order to shield yourself from liability and present yourself to the world as a professional concern, you should consider forming a formal entity before launching your website. We will help you select the appropriate type of entity for your business, and we will prepare and file the necessary documents to make it official.
Terms of Use: Also known as Terms & Conditions, this is the legal contract that governs the relationship of the web business and its customers and other visitors to the website ("users"). Terms of use vary considerably depending on the type of business you are operating online. Are you providing services or selling merchandise? Are you operating a social networking site? Are you distributing digital materials? Are you permitting users to upload materials to your site? Do you have a message board or a blog that permits comments? These and many other factors that are specific to your business need to be considered in the drafting of terms of use that will effectively protect your Internet business.
Legal Disclaimer: This is the notice to users informing them of the risks that they take in visiting your website, buying goods through your site and/or using your services. It places the responsibility for identified risks squarely on the shoulders of the user. Each business is different, and Hrbek Law will help you identify the specific concerns and liabilities from which you need to shield yourself.
Privacy Policy: You are required by law to notify users of anything that you may do with the personal information they provide when they visit your website or register for your services. Demonstrate your respect for your customers by creating a thoughtful privacy policy that balances your need to collect information with your users' legitimate concerns.
DMCA Language: The Digital Millenium Copyright Act requires that you give notice, to those who believe that you have infringed their copyright, of the formal statutory procedure for raising an objection and requesting that the material be taken down from your website. The posting of this language and establishment of adequate take down procedures are a critical guard against a copyright infringement claim.
Shipping & Return Policy: In order to accept credit card payments on your website, you need to comply with credit card association regulations. Shipping and return policies are critical, and must be clearly explained on your website. You also need to understand your fulfillment obligations and the limits to your authority to process a credit card transaction. We will counsel you on how to comply with the applicable rules for merchants.
Risk Management: Whatever your business, you need to brainstorm with an attorney about the potential risks, so that you can adequately protect your company from potential litigation and other liabilities and threats to the survivial of your business. Your business model may need to be tweaked to afford you the best protections. Hrbek Law can give you essential practical advice in this regard.