Frequently Asked Questions
Q: What is a TOS?
If you have a valid TOS and your visitors disobey your rules, you have the right to enforce consequences for that violation. Depending on the severity of the user’s misconduct and the terms you set in your TOS, you will have the ability to restrict access or terminate that user from having an account on your website.
It is important to have a TOS is enforceable and also tailored to the particular website you run. Depending on the layout of your website and the services you offer, a “cookie cutter” TOS, or one that is copied and pasted from another source, may not be applicable to your business and may not be legally enforceable when problems arise.
In the news, major websites like Google and Facebook have been scrutinized for their privacy policies. These sites have suffered serious legal consequences for not being forward with their data collection methods. While it is not a “required” document for your website in most instances, it is becoming increasingly crucial to the “Web 2.0” websites that exist on the internet today.
A: The Children’s Online Privacy Protection Act (“COPPA”, 15 U.S.C. 6501 et seq.) was drafted to protect children under 13 years old from unlawful data collection practices. COPPA outlines specific requirements (including privacy policies and obtaining parental consent) from websites directed at children.
Q: What is a EULA?
A: An End User License Agreement (or a EULA) is a contract between you and your customers when they purchase and use your software. These agreements generally are in digital form and pop up before your customers use or install your software for the first time. A customer will usually click “I Agree” after reading a EULA to continue through to the installation.
A EULA gives your customer the permission (or a license) to use your software, states particular rules for using your software (including IP regulations), and also limits your liability for the damaged caused in the event of a malfunction. Due to the large amount of important information contained within this contract, a EULA is a crucial legal component to any piece of software.
For more information about EULAs and related legal services for software developers, please visit our Software Developer page or contact us with specific questions.
Q: What is a “Clickwrap Agreement”
A: Clickwrap agreements, like EULAs, are contracts between you and your customers when they purchase or use your services. Unlike EULAs, clickwrap agreements are generally presented within the confines of a website. When a user goes to use a web-based services, a clickwrap agreement will pop up before entering the requested page. A user will usually click “I Agree” after reading a clickwrap agreement to acknowledge that they have read the contract.
Like a EULA, a clickwrap agreement gives your visitors the permission (or a license) to use your online services, states particular rules for using your online services (including IP regulations), and also limits your liability for the damaged caused in the event of a malfunction. Due to the large amount of important information contained within this type of contract, a clickwrap agreement is a crucial legal component to any web based service.
For more information on clickwrap agreements or other developer-related legal services, please visit our Developer pages or contact us with specific questions.
Q: What is a Shrinkwrap Agreement?
A: Shrinkwrap Agreements, like EULAs and Clickwrap agreements, are contracts between you and your customers when they purchase or use your software. Unlike EULAs or Clickwrap Agreements, Shrinkwrap Agreements are printed contracts that exist beneath the plastic packaging of a CD or other device. Your customers can view and read this Shrinkwrap Agreement through the packaging, and (upon agreeing to the terms you have set forth) agree to the conditions of that contract by opening the plastic wrapper.
A shrinkwrap agreement gives your customers the permission (or a license) to use your software, states particular rules for using your software (including IP regulations), and also limits your liability for the damaged caused in the event of a malfunction. Due to the large amount of important information contained within this type of contract, a shrinkwrap agreement is a helpful tool during software distribution. While this type of agreement is not as heavily used (in lieu of other, electronic means) it is still a valid contract format that may be applied to your software.
For more information about shrinkwrap agreements and other related legal services, please visit our Software Developers page or contact us today with specific questions.
No, but there are many benefits to retaining a lawyer for these services.
Please visit our other pages for more information, or Contact Us today for a free consultation.
Q. Why should I have these legal documents on my website?
A. The current “Web 2.0” movement creates an online environment that fosters global collaboration and social interaction. We live in an era where virtually anyone, even people with little to no technological expertise, can create content on the internet.
For more information about these legal documents, please visit our Developers pages or contact us today with specific questions.
Q. What other types of legal services are important for my business?
By protecting your intellectual property (that is: intangible property attached to your content such as copyrights and trademarks), you can stop others from using your content without your permission. To learn more about our intellectual property protections, please visit our developers page or our sister site: www.trademarksmadesimple.com. You can also contact us directly for a free consultation to determine how we can help you.
In addition to the services listed above, our corporate law services can help your company tenfold. By incorporating your business, you can significantly limit your liability, reduce your tax exposure, increase your credibility in the marketplace, and create an entity that will last perpetually. Our lawyers specialize in Pennsylvania corporate law, and can help you determine the best legal course of action for your business. To learn more about our corporate law services, please visit our developers pages or our sister site at www.incorporateinpa.com. You can also contact us directly for a free consultation.
Q. How much does it cost for cyberlaw help?
A. Not all web-based services or apps are created equally. As such, the legal fees associated with cyber law services vary. Overall, our prices are competitive and represent a clear value in view of the quality of our services and the level of care, attention, and customization we give to each client’s legal matters. Please see Pricing for more information.