Compensation Federal Worker Lawyer
If you are to succeed in your online business, there are several cyberlaws
which you simply have to know in order to ensure that you stay on the right side
of the law.
As the internet grows bigger day by day, the government is taking a much more
active interest in online trading. Laws relating to the internet are changing
day by day.
The frightening truth is that simple 'mom and pop' businesses are facing the
same penalties and restrictions as the Microsofts of the internet. And, of
course, ignorance is no defence in the eyes of the law.
Now I am no lawyer, just a well-informed freelance internet writer, so by
sharing this information with you I am not giving you legal advice or creating a
client-attorney relationship.
This article is intended to make you better informed about potential issues
which could arise online. If yo have a specific issue on these or any other
internet legal matter, you should consult a qualified attorney.
Trading online is regulated in the US by the Federal Trade Commission (FTC).
The FTC has the remit to protect online customers, prevent deceptive advertising
and ensure that the integrity of internet trading is preserved.
The FTC has wide ranging powers to investigate breaches of federal law. The
commission has the ability to close down your website, take away material for
investigation, and levy heavy fines.
Do not assume that your site is immune from FTC attention. The commission
regularly scans the web themselves to check for violations of trading laws.
Also, any dissatisfied customer could write to the FTC complaining about your
site, and this will bring them right to your door.
So, what are your responsibilities for material placed on your website?
Put simply, as the webmaster, you are liable for any statements or claims
posted on your site. This not only includes things you say directly, but also
applies to omissions (or things you don't say) or attempts to mislead.
In such cases as there isuncertainty in wording or explanations, the courts
will be minded to find against the person seeking to rely on the uncertainty or
ambiguity - ie the webmaster.
Basically, any implication that may affect the behaviour or purchasing
decision of your customers will be your responsibility. If these claims are
likely to mislead, then you may well have problems.
This liability is not limited to claims you make personally on your website.
As webmaster, you are liable for the truth and accuracy of all parties involved
in the website. In practice this means:
- It is your responsibility to check the accuracy of any testimonials you
receive that you subsequently place on your site - especially where they contain
earnings or performance claims
- It is your responsibility to ensure the authenticity of any claims or
warranties made by the manufacturers of products which you resell through your
site.
- It is your responsibility to ensure the accuracy of any claims made in
advertisements in your ezine.
You are provided with a limited degree of protection by inserting disclaimers
and warranties - but this will provide you with no legal position to rely on if
the claims made are blatantly untrue.
Now in practice, everyone selling online knows that copywriting is designed
to extol the benefits of products in high-powered terms. In assessing whether
this copy is misleading, the FTC will apply a 'reasonable customer' test - that
is would an average customer be led to think or act in a particular way as a
result of your sales copy.
In deciding this, the FTC will look at the overall impression of your site -
whether its claims are truthful or can be substantiated. In simple terms - are
your customers getting what they think they are paying for.
Any terms and conditions or warranties should be clearly visible on the site
- how many sites have you seen where there are no legal terms and conditions at
all. I shall be discussing what these should be in the third part of this
article series. They should also be expressed in simple, easily understood
language - no some legal gobbledegook.
Some shopping cart programs now have a statement contained within the order
pages that continuing with a transaction implies acceptance of the terms and
conditions of that site. Other sites have a specific box which needs to be
checked to confirm that you have read and accept the conditions.
Again, none of this will help if your site does not contain this information
- or if it only made available to the customer after they have purchased the
product.
This article is an overview of some of the liability issues arising when you
trade online. In the second article of this series, I shall consider some
important issues when licensing or reselling other people's products.
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More on the legal implications of trading online can be found from websites
included in Secret Websites for Online Profits at (www.secretwebsiteprofits.com).
For more information on this e-cyclopaedia please contact customer.support@igsmarketing.com
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The judicial power of the United States Federal Law, shall be vested in
one Supreme Court, and in such inferior courts as the Congress may from time to
time ordain and establish. The judges, both of the supreme and inferior courts,
power shall extend to all cases, in law and equity, arising under this
Constitution, the laws of the United States, which shall be made, under their
authority; and between a state, or the citizens thereof, and foreign states,
citizens or subjects, and those in which a state shall be party, the Supreme
Court shall have original jurisdiction.
In all the other cases Frederal Law or before mentioned,
the Supreme Court shall have appellate jurisdiction, both as to law and fact,
with such exceptions, and under such regulations as the Congress shall make, the
trial of all crimes, except in cases of impeachment, shall be by jury; and such
trial shall be held in the state where the said crimes shall have been
committed; but when not committed within any state, the trial shall be at such
place or places as the Congress may by law have directed! "very complicated law.
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