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May 25, 2012, 11:44:08 AM

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Author Topic: Top Tips for Webmaster Legal Issues and the Law!  (Read 1576 times)
Mitch
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« on: September 02, 2009, 08:50:50 AM »

Here is another web hosting blog post that I thought a lot of webmasters might want to know about:  Happy Happy Joy Joy

When it comes to issues of the law, many webmasters throw up their hands, because it is either too confusing or complicated to deal with.  However, Lunarpages has a number of resources that does help make sense of some of the legal woes you might be facing or want to look into. Jeffery A. Cohen has written up a number of great legal advice columns for our customer newsletter, that you can really learn a lot from.  Here are my ten favorite tips he has shared with the Lunarpages audience, now shared with you for the very first time.


Have any other interesting legal tips that weren't featured in this article series?
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Mitch
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« Reply #1 on: September 04, 2009, 05:39:26 AM »

Anybody else have any legal/law related tips to share?
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MaxLudz
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« Reply #2 on: September 19, 2009, 08:39:37 PM »

I'm assuming that most of the
folks here are developers on many levels,
so here is my 2 cents.

First, become a business.

By that I mean don't develop under your name alone, become an LLC or Sub-S Corp.

When resolving an issue the persons who make the final decisions will be attentive when
dealing with a legally formed business, even if you incorporate your own Name.
Joe Smith, Inc. or CoolDigitCoders, LLC

http://en.wikipedia.org/wiki/Limited_liability_company

http://en.wikipedia.org/wiki/S_corporation
- you don't have to offer shares of stock.
I have a Sub-S Corp., it's better if you sub contract people to work with you.
Also, this helps balance the books because taxes are paid quartley.

Have all checks/PayPal sent to your business address/banking account. Never accept cash for a project also,
pay each contractee with your business by check/PayPal account.

Always write up a contract, and make sure it is as clear as possible with prices (cost), deadlines etc..
Have each person sign on the bottom line including yourself.

If the party (person or business) is not near by sign the contract and fax or snail mail it
to them and have them sign the "original" contract, then send it back to you. Tell them to make
a copy as that will become their invoice.

If you have intellectual property get it licensed, patented or registered with the formal
organizations of your expertise - if you don't know can protect you in-advance, they
won't be able to help after the fact.

Find the specialist that handle your type of product - the (BBB) Better Business isn't a legal outlet,
they handle consumer complaints.

I see the (BBB logo) on many websites which is good, but
if your getting images, shareware pirated they can only call or notify the individuals that
they've misbehaved. The BBB is a Non-profit Organization not judge Judy.

Since I've have an attorney to do my yearly minutes with, I've had
him get in contact with several attorneys who specialize in
Intellectual Property Law. As not many specialize in this practice and
are not cheap to hire.

Max Ludz,
Project Manager

Lance Steel, Inc.
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Mitch
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« Reply #3 on: September 21, 2009, 05:09:23 AM »

Thanks for your thoughts, Max. Smile
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Dorothi
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« Reply #4 on: May 10, 2012, 04:22:24 AM »

Legal capacity is the level of judgement and decision- making ability needed to sign official documents. In most cases, the person with dementia is able to understand the meaning and importance of given legal document.
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MrPhil
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« Reply #5 on: May 10, 2012, 07:42:31 AM »

Don't you mean "...the person with dementia is unable to understand..."?

And what does the definition of "legal capacity" have to do with the discussion? It's certainly not specific to web-related law -- someone who is demented is considered unable to follow legal matters entirely, or behave appropriately. If you are unaware that your customer is suffering from dementia when you make a contract with them, you may be excused totally or in part from having to honor that contract (as will your customer).
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jimlongo
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« Reply #6 on: May 10, 2012, 08:00:26 AM »

Max makes some good points.

Note, however, that even if you are incorporated many times landlords and bank loans will require a "personal guarantee".  They will consider a small corporation without public shares, and without substantial assets to be high risk. 

In this case even though you may be personally shielded from some creditors and judgements, the bank and the landlord will still be able to come to the directors for payment of liabilities.  Again . . . read what you are signing.
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