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Website Legal Forms Generator
Your basic website legal forms consist of some combination of the following:
- Website Legal-FTC Guides Disclosure Page
- Terms of Use
- FTC Guides Disclosure Policy
- Privacy Policy
- Service Provider Privacy-Security Agreement
- Customer Agreement - your Customer Agreement may have many different names such as SaaS Agreement, Account Agreement, Membership Agreement, Subscription Agreement, Terms of Sale, Content License Agreement, Software License Agreement, etc.
- Red Flag Identity Theft Policy
- DMCA Registration Form
To learn more about which documents your site really needs:
- Sign up for my free video, special reports, and newsletter in the left margin, and
- Visit our Essential Website Compliance Generator page
Website Legal Forms And What They Do
| Website Legal Form | Description | Comments |
|---|---|---|
| Website Legal-FTC Guides Disclosures Page |
Provides intellectual property notices (copyright, trademark, patent) and special legal disclaimers. In addition, this page should provide disclosures regarding the FTC Guides Concerning the Use of Endorsements and Testimonials in Advertising (16 CFR, Part 255). |
This is not an agreement; it is a legal notices page The FTC Guides disclosures include: (i) Disclosures for advertisers regarding material connections with endorsers (ii) Substantiation disclosures for advertisers (iii) Disclosures for endorsers regarding material connections with advertisers (iv) Earnings and Income Disclaimers (v) Forward-Looking Statements Disclaimers |
| Website Terms of Use | Provides legal notices and disclaimers for all site visitors (both unregistered visitors and registered users) | A Browse-Wrapped agreement (visitor does not click on AGREE button) |
| Website Privacy Policy | Notifies all site visitors (both unregistered visitors and registered users) regarding site's policies for collection, use, sharing, storing, and security of data (both passive and personal) | If your site collects passive or personal information, it is required to have a Privacy Policy with specific legal requirements |
| Website Privacy-Security Agreement (Service Provider) | Provides privacy and security obligations for service providers which will have control over the website server and/or the right to access to the website internals | For example, hosting, maintenance, and SEO service providers will have access to personal information stored on your website server |
|
Customer Agreement Website SaaS-Account-Membership Agreement (Click-Wrapped) |
Binds registered users to terms and conditions for using the site Account, SaaS Membership, and Subscription Agreements, Terms of Sale, Content License Agreement, Software License Agreement, etc. |
A Click-Wrapped agreement (visitor indicates agreement by clicking on I ACCEPT button) A legally enforceable online contract |
| Website ROSCA Billing Information Transfer Form | For use in the registration process PRIOR to a "data pass" transaction which is a transaction where you collaborate with other unaffiliated sites that pass billing information of their purchasers to your site for a sale of your complimentary product or service. | Data pass transactions are regulated by the Restore Online Shoppers Confidence Act (ROSCA) signed into law by President Obama on December 29, 2010. |
| Website ROSCA Recurring Billing Notice Form | For use as an email notice form for emailing to each recurring billing customer PRIOR to charging the customer's credit card as part of a Negative Option Recurring Billing Plan. | Negative Option Recurring Billing Plans are regulated by the Restore Online Shoppers Confidence Act (ROSCA) signed into law by President Obama on December 29, 2010. |
| Website Red Flag Identity Theft Policy |
For compliance with the U.S Fair Credit Reporting Act, as amended by the Fair and Accurate Credit Transactions Act of 2003 (FACTA), which requires "financial institutions" and "creditors" with "covered accounts" to adopt and implement an identity theft policy and program by May 1, 2009 Failure to comply may result in civil lawsuits by consumers for actual damages -- and if actual damages can't be proved, nominal damages Civil litigants may also recover punitive damages and attorney's fees. In addition, the FTC may initiate administrative proceedings |
"Financial institutions" include banks, savings and loans, and credit unions You would be a "creditor" dealing in "covered accounts" if: (i) you extend credit by agreeing to receive payment over time (however, if your customer pays upon receipt of the product or service, even if with a credit card, you are probably not a "creditor" dealing in "covered accounts"); (ii) however, there is an EXCLUSION provided the Red Flag Program Clarification Act of 2010 if you "advance funds on behalf of a person for expenses incidental to a service provided by the creditor to that person" - this EXCUSION means that you would not be a creditor if you extend credit to purchasers of your services - for example, the EXCLUSION would apply to healthcare providers, law firms, and accounting firms. |
| Website DMCA Registration Form |
The Digital Millennium Copyright Act (DMCA) provides a "safe harbor" from copyright infringement liability for interactive Web services Compliance with the DMCA requires a DMCA Notice and Registration Form The DMCA Notice will be part of your Terms of Use The DMCA Registration Form is required to be filed with the US Copyright Office |
DMCA compliance is only applicable if your site allows visitors to post digital files or comments (e.g. in an online forum or chat room, or via blogs) These postings may infringe the copyrights of others Under general copyright principles, you would be strictly liable for their copyright infringement, even if you are "innocent" - that is if you don't take advantage of the "safe harbor" |
| Web Model Release Agreement (Executed) |
Required when you use any photo or video of a "recognizable person" | Model grants permission to use his/her name and likeness |
| Website Ownership Transfer Agreement (Executed) |
For use where the owner of a website business requires the developer of owner's website to transfer and assign copyrights to website elements, except for pre-existing elements that are licensed | Copyrights in work product are transferred; pre-existing elements are licensed |