When was the last time you read the fine
print on the terms and conditions of a website? Most of us don’t take the time
to read them, finding the legalese too boring. We just click "I
accept" so we can get to the good stuff.

This is why companies invest in experienced
legal counsel to craft liability language. This will make sure your business is
protected even from the casual visitor who might have "issues" with
your website content. The goal is to reduce the possibility of a lawsuit.
Here are some things to consider adding to
your own terms and conditions to afford any potential liability claims.
Protect
your data. If you intend to sell your email list to
a third party (it can be a good source of revenue) then you need to be
protected with a strong "personal information" provision that spells
out your intentions. Even if you don't plan to use that information you still
want to be protected in the likelihood that the data is compromised.
Errors and omissions. This is a clause
that is include in most business contracts but should also be included on your
website. Suppose you post content with facts or figures that prove to be inaccurate
or become out of date? Hopefully, you can correct that when notified but until
then you shouldn't be held as negligent for a simple oversight.
Unknown malware. There is no
telling if or when your website could be attacked by an outside entity until it
is too late. If a visitor picks up a "virus" by visiting your site
should you be held responsible? Not if you have the right kind of language in
your terms and conditions.
Transmission problems. If your server
goes down and a customer's own business or service is interrupted, you shouldn't
be held liable. Crashes will happen and you'll need to be protected especially
when the loss of data could occur.
Copyright infringement. You should do
your best not to engage in any copyright infringement but that doesn't mean it
can't occur. Suppose you have a forum where a user posts something that is
protected. Are you liable? What if someone considers material as defamatory?
You can't predict everyone's reaction to all that you'll be posting but you can
protect yourself from those reactions.
Confiscation of data. There may be
instances where a user's personal information is subjected to foreign
government control. In the U.S. there are many heated discussions about this
very issue as it pertains to investigations sanctioned by the Patriot Act. You
can let your users know they might be subjected to these types of date mining
through no fault of your company.
Fortunately,
businesses have worked out many of these issues in their own terms and
conditions language. You can take advantage of that by obtaining boilerplates
of these provisions. You'll still need a lawyer to review them before you post
on your website but using boilerplate language can reduce the costs of writing
up this liability protection.
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