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Website Forms FAQ

What legal issues are involved in creating a website?

Creating a website involves various legal issues, including, among others, registration of a domain name, and preventing trademark infringement and copyright violations. Websites that allow users to post authored works often include procedures for the users to certify their right to distribute the material, disclaimers regarding the publication of the material on the website, as well as procedures for removing material not properly included. The information submitted may need to be governed by a licensing agreement to be further used by someone other than the author.

What should an agreement for hosting a small business website contain?

First, small business owners should look out for hidden charges. Sometimes the rate quoted by an ISP is a low monthly fee, but the contract specifies additional charges for such services as installing lines, providing training and technical support, or registering a domain name. Some ISPs even charge fees by volume of incoming or outgoing e-mail messages, or by the hour for access above a certain time limit. Second, be sure that any contract specifies the length of time an ISP has to forward Internet traffic to and from your business. Otherwise, your small business may encounter delays ranging from minutes to days. Third, you should make sure that your small business-rather than the ISP-owns the domain name of your web site. Registering a domain name online is a fairly simple and inexpensive process, and most ISPs will agree to host your site for a reasonable fee. If you decide to change ISPs in the future, owning the domain name allows you to take it with you to a new provider. Fourth, small business owners should never to allow an ISP to claim rights to any information or intellectual property from their companies. You may even wish to include language in the contract that prohibits the ISP from using your property (such as software stored on its server) or disclosing any information about your company.