Can I Get Sued Because I Have a Website?
Creating a website, whether for commercial or private use, is an exciting way to expand your marketing reach, generate new business sales, or just being visible. But with an online presence you are also exposing yourself to risk from users of your website; users who might be concerned about how you are using and protecting their private data, how you are dealing with conflicts that might arise from the use of your website, or who might just want to know the risk associated with using your website.
So, can you get sued for having a website? The answer is YES. Anyone can sue you for anything and it is your responsibility to stay ahead of the lawsuits. So how do you do that? By having the three must have notices posted on your website:
- Terms of Use
- Privacy Policy
- Legal Disclaimer
Terms of Use
A terms of use notice acts as a legally binding contract between you and your users. This notice sets the rules and guidelines that users must agree to and follow in order to use and access your website. The terms of use should address the permitted use, the copyright laws affecting your content, and governing law. It must also include certain details in order to abide by the Electronic Commerce Regulations, such as full company details. Posting terms of use is also a way to protect your business by limiting the liability if a user were to take you to court.
Privacy Policy
A privacy policy is a disclosure document, which informs users how their personal information will be collected, used and stored by you. A privacy policy is required for websites that collect personal information from users, such as names, email addresses, mailing addresses, and payment information. It should also state what information is collected from the user, how it will be used, and what information will be shared with third parties. A property drafted privacy policy provides the best possible protection against potential claims that may arise from users of your website.
Legal Disclaimer
A legal disclaimer is an essential statement, which is placed on your website in an effort to limit your liability for the outcome of the use of your site. You are basically telling users that use of the site is at their own risk and that you are not responsible for their damage should any arise from the use of your website.
By placing all three notices on your website, you are one step ahead of any lawsuit that users may file against you. Be smart and protect yourself from potential risks. For more information on how to legally protect your business please pick up a copy of my book: ‘Go Legal Yourself’ on Amazon or visit my website at www.baglalaw.com
Disclaimer: This information is made available by Bagla Law Firm, APC for educational purposes only as well as to give you general information and a general understanding of the law, and not to provide specific legal advice. This information should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.
Starting a business in America?
Don't know what entity to choose from?
Would you like to promote an article ?
Post articles and opinions on San Jose Professionals
to attract new clients and referrals. Feature in newsletters.
Join for free today and upload your articles for new contacts to read and enquire further.