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Chip Cooper's Articles in Internet & Businesses Online

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  • Website Terms of Use: Are Yours Enforceable? Does It Matter?
    Your website's Terms of Use govern all visitors to your site -- both casual visitors and registered customers. Terms of Use are typically referred to as "browse-wrapped" agreements because there is no requirement to click an I AGREE button. So, the question I'm often asked is... since the Terms of Use do not require a click, are they legally enforceable? And if not, why have them on the site?
  • Your Privacy Policy: Can It Improve Your Conversion Rates? You Bet!
    I'll let you in on a little secret that I've learned from some of the big players on the Web... you might be surprised to learn that they believe their privacy policies are a significant factor in improving their conversion rates. How can this be?
  • The Computer Fraud And Abuse Act -- Effective Weapon Against Disloyal Employees?
    Most ecommerce businesses are small businesses. They outsource a lot of their requirements; however, they may have a few very key employees. What happens to your business if a key employee resigns and then accesses your database and copies valuable proprietary information? What remedies do you have? The federal Computer Fraud And Abuse Act (CFAA) represents a relatively new weapon for employers against disloyal employees.
  • Shrink, Click, Browse-Wrapped Agreements -- What Does It All Mean?
    The terms -- "shrink-wrapped", "click-wrapped", and "browse-wrapped" -- are in widespread use. They describe certain types of contracts, past and present. Originally, these agreements were used solely for the licensing of PC software. Now, they're used for a wide range of online transactions. What do these terms mean, and what's their legal significance?
  • Website Behavioral Ads May Be Cool But Beware Of Privacy Concerns
    If you're a small ecommerce business, you know that virtually anything that provides significant increases in conversion rates will get a lot of attention. Behavioral ads promise just that -- higher conversion rates than conventional contextual ads -- so they've been getting a lot of attention lately. Before you take advantage of this opportunity, you should evaluate the risks.
  • User Generated Content (UCG) Presents Big Advertising Oppoutunity For Small Online Businesses
    User generated content (UGC) is a rapidly growing phenomenon on the Internet. Generally, UGC refers to various kinds of media content produced by regular, every-day people (as distinguished from traditional media producers). But now UGC has moved into online advertising -- and it's a great opportunity for small online businesses, but there's a catch -- claims for false advertising.
  • CAN-SPAM Act Updates -- New Email Rules For Multiple Senders, Opt-Outs, And "Send-To-A-Friend"
    Commercial email is one of the most significant -- if not the most significant -- marketing tool of small ecommerce websites. For this reason, it's a good idea to stay current with the CAN-SPAM Act's email rules. In May, the Federal Trade Commission (FTC) approved several new rules for purposes of clarifying CAN-SPAM's requirements. Here's an easy-to-read summary of these important developments that affect all ecommerce websites.
  • CAN-SPAM: "No Harm, No Foul" -- 4th Circuit Passes on Trivial Violations
    The federal CAN-SPAM Act permits the sending of unsolicited email advertisements under certain conditions. One condition is that header information in the email should not be "materially false or materially misleading". What does this mean, and if you make a "technical" mistake in an email header, are you strictly liable under CAN-SPAM?
  • Ecommerce Sites: Beware of 3rd Party Cookies - Are Google Analytics Users In Privacy Breach?
    To be successful, ecommerce sites require information about site visitors. One method of collecting this information is often referred to as using 3rd party cookies. If you use 3rd party cookies, are you aware of the privacy concerns, and will you be liable for a privacy policy breach?
  • SaaS, Membership, and Subscription Agreements -- How To Avoid Unenforceable Amendments
    If you're like most small ecommerce businesses, you'll need to amend your Customer Agreement from time to time. You might want to add a new membership option... or add a clause for a money-back guarantee, just to name a couple of examples. If you don't follow the guidelines of this recent case, your amendments are likely to be unenforeceable.
  • Do You Own - And Control Your Domain Name? You May Be Surprised!
    Do you own your domain name? And do you control it to the exclusion of others (including your website developer)? All too often, website owners are lax in nailing down ownership and control of valuable domain names, and as a result, are often required to litigate these issues costing them thousands. The case of Dawson v. Brandsberg illustrates these costly mistakes and how to avoid them.
  • Email Marketing: Are You Liable For Your Affiliates' CAN-SPAM Violations?
    How you build and use your email list involves the federal CAN-SPAM Act of 2003 (CAN-SPAM). If you market via email, you're probably generally familiar with DAN-SPAM's requiements. But what about your affiliates? Are you liable if they violate CAN-SPAM when marketing your products or services?
  • 5 Tips For Enforceable Membership, Subscription And SaaS Agreements
    Your customer agreements -- membership, subscription, SaaS agreements -- are a critical part of your overall website legal compliance system. If they're unenforceable, your critical disclaimes and limitations of liability will also be unenforceable. One key to enforceability is the way they're presented on your site. This article explains the 5 keys to enforceability.
  • Blog Sites Beware: Liability Lurks In Bloggers' Postings
    Serious liability exposure lurks for bolg sites. Whether liability for copyright infringement for bloggers' infringing posts or defamation liability for bloggers' defanatory statements, the stakes are high... and most blog sites are unaware of the risks! This article explains the hidden danger and how to avoid it.
  • Privacy & Data Security: Follow FTC Guidelines... Or Suffer The Consequences
    Privacy and data security are explosive liability issues for small ecommerce businesses. In the Life Is Good case, the Federal Trade Commission (FTC)provided 5 data security guidelines the FTC expects ALL sites to follow. You may be surprised to learn that documenting compliance is just as important as compliance itself.

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