Protect Yourself and Your Online Business
A website operator should keep in mind a few simple principles: First, the intellectual property on the website belongs to the owner. An owner can set REASONABLE terms of how people can view and use that material. The key here is reasonable. Courts will never enforce terms that are overly onerous and difficult. By way of example, a website operator can reasonably say something to the effect that the material contained in the website can only be used under certain circumstances and cannot be reproduced, even if the user didn’t read that before clicking on the “I agree.”
One of the most important aspects is Forum Selection. This is where the legal action or arbitration must take place in the event that litigation is required under the terms of the contract. The website operator can specify the State and County of the legal action. Typically this is done in a forum most convenient to the operator (either geographically, or operator-friendly forums).