Chip Cooper
Website Legal Forms Generator/MyLegalFirewallTM Service
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 of these website legal forms your website needs, and
- our website legal forms generator,
MyLegalFirewall Website Legal Forms
And What They Do
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 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"); or (ii) you receive subscription (SaaS) payments payable as monthly or quarterly installments |
| 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" |