In computing, a hyperlink (or link) is a reference to a document that the reader can directly follow, or that is followed automatically. A hyperlink points to a whole document or to a specific element within a document. Hypertext is text with hyperlinks. A hyperlink has an anchor, which is the location within a document from which the hyperlink can be followed; the document containing a hyperlink is known as its source document. The target of a hyperlink is the document, or location within a document, to which the hyperlink leads. Users can activate and follow the link when its anchor is shown, usually by touching or clicking on the anchor with a pointing device. Following the link has the effect of displaying its target, often with its context.
This form is an example of the type of agreement that would be entered into between a provider of online services and its subscribers/end-users. The agreement is drafted from the perspective of the service provider. If an agreement is required from the perspective of the end user, the following revisions, among others, should be considered: (i) a warranty regarding the availability of the Service, including a remedy (for example, a specified credit) in the event the availability requirement is not attained; (ii) a response time warranty specifying the performance of the service provider's system; (iii) an indemnity for intellectual property infringement committed by the service provider; (iv) restricting the service provider's ability to suspend or terminate the services under Section 4 by requiring the service provider to provide the end-user with notice and an opportunity to cure; and (v) deletion of the exclusive remedy in Section 10.
Maryland End User Agreement for Online Service Provider with Disclaimer Regarding Hyperlinks: A Detailed Description When providing online services in Maryland, it is important for service providers to have a comprehensive End User Agreement (EUA) that covers various legal aspects and protects both parties involved. Specifically, an EUA with a disclaimer regarding hyperlinks is necessary to address potential liability risks associated with clickable links redirecting users to external websites or content. In Maryland, there may be different types of Eras designed for online service providers. These variations might depend on the specific nature of the services offered, the level of user interaction, or the type of content involved. Some potential types of Maryland Eras for online service providers include: 1. Basic Maryland EUA for Online Service Provider: This type of EUA serves as a general agreement that outlines the terms and conditions users must agree to when accessing and utilizing online services. It typically includes provisions related to user obligations, account registration, confidentiality, intellectual property, termination, and dispute resolution. Additionally, this EUA might address hyperlinks briefly or refer to a separate section solely for disclaimers regarding hyperlinks. 2. Maryland EUA with Comprehensive Hyperlink Disclaimer: This specific type of EUA provides a more detailed and explicit explanation concerning hyperlinks. It places emphasis on user acknowledgments and disclaims any responsibility or liability for the content accessible through hyperlinks. The agreement clarifies that the service provider holds no control over external websites or content beyond the provided hyperlink and encourages users to exercise caution and discretion when navigating such links. 3. Maryland EUA Adapted for E-commerce Platforms: In the case of online service providers offering e-commerce platforms, their EUA might require tailored provisions. These could include additional clauses addressing the use of hyperlinks for product or service recommendations, affiliate marketing, or advertisements. The disclaimer may focus on explicitly stating that the service provider is not liable for any transactions, third-party websites, or external content linked through the platform. Regardless of the specific type, most Maryland Eras for online service providers with a disclaimer regarding hyperlinks will include the following essential elements: a. Definitions: Clearly defining key terms and phrases used throughout the agreement to ensure mutual understanding between the service provider and users. b. Scope of Services: Describing the nature of the online services being offered and any limitations or changes that may occur. c. User Obligations: Outlining the responsibilities and expectations of users, which might include compliance with laws, prohibition of unlawful activities, or maintaining the confidentiality of login credentials. d. Intellectual Property: Addressing the ownership and protection of all intellectual property rights related to the online service provider's content or platform. e. Hyperlink Disclaimer: Explicitly disclaiming responsibility or liability for the content accessible through hyperlinks on the service provider's platform. This section often clarifies that the service provider has no control over external websites, does not endorse their content, and advises users to use their discretion when navigating such links. f. Indemnification and Limitation of Liability: Stating the extent of the service provider's liability, potential indemnification by the users, and any limitations on consequential damages or monetary claims. g. Termination: Outlining the conditions under which the agreement can be terminated, including violation of the terms or at the discretion of the service provider. h. Dispute Resolution: Defining the process or mechanism for resolving any potential disputes or claims arising from the agreement, such as negotiation, mediation, or litigation. It is essential for Maryland online service providers to consult with legal professionals experienced in internet law or contract law to ensure their EUA with a disclaimer regarding hyperlinks complies with state regulations and sufficiently protects their interests while fostering trust with their users.
