June 10, 2008

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Dear {!firstname}:

Welcome to Your WEBSITE LAW ALERT by Chip Cooper and DigiContracts.com

Chip's Commentary:

Summer arrived on Amelia Island in North Florida in late April... so, it's really in full swing now. Seasons here include a mild winter, a spring of about 3 weeks, then summer until October.

The surf's been pretty good, too. Waist to chest-high peelers -- just right for an old guy still learning how to surf.

Also, it's the right time of year to cook up some great BBQ. I'll admit that I may have gotten a little carried away with the BBQ theme in the last issue, but BBQ's a real passion of mine. While I'm on the subject, I'd like to recommend a very inexpensive gas smoker that cooks great BBQ. You all know that my first love is the Big Green Egg (click here for my discussion regarding the egg). But the egg can be a little pricey, especially if you add the accessories you'll need. Lowes has this smoker (click here for a look) that is gas powered, relatively inexpensive, easy to use, and believe me, it turns out great BBQ. Check it out at the Lowes.com site under gas grills (BBQ Grillware 36" Gas Smoker).

Recent Developments On The Litigation Front:

There's another recent case, People v. Direct Revenue LLC, No. 401325/06 (N.Y. Sup.Ct., N.Y. Cty., March 12, 2008), where the court upheld Direct Revenue's (the vendor) online end-user agreement, even though the agreement was for so-called "adware".

What's more significant, however, is that the court refused to hold Direct Revenue liable for the acts of its resellers. If you're an ecommerce business that uses (or is contemplating using) a reseller network, liability for acts of your resellers should be a significant concern.

To learn more about how Direct Revenue avoided liability, click here.

Comments From Digicontracts.com:

For your reference, we've added a scroll box example to the site. Click here.

This addition is in response to some questions regarding the scroll box method of presenting a click-wrapped Membership Agreement, Subscription Agreement, Terms of Sale, Content License Agreement, or SaaS Agreement. For a discussion of this method, click here.

Regards,

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