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A Guide to IT Contracting by Michael R. Overly, Matthew A. Karlyn

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Website Assessment Audits
CHECKLIST
Site Evaluation
Target audience?
Accessibility to all users?
Users in US or abroad?
Process transactions?
Products or services sold?
Forms?
Enter data or access database?
Domain Names
Proper registration
Proper entity listed as owner
Trademark due diligence
Search for “cybersquatters”
Using domain brokers
Use of ird-party Trademarks
Written permission prior to use
Written permission for quotations
Meta tags
White text on white background
Microscopic type
Hyperlinks
Trademark or logo symbols
Interstitial notice in Terms and Conditions
202  •  A Guide to IT Contracting: Checklists, Tools, and Techniques
Written linking agreement
No implicit endorsements
No representations about linked sites
No framing without permission
Written permission for deep-linking
Content
Development agreement
Agreements with independent contractors
Employment agreements
Other agreements regarding the site
Website has right to use content
ird-party content providers
Photographs
Visitor Uploads
Submission agreement
Visitor accepts liability associated with upload
Chat/discussion room disclaimers Attorney for Plainti
Windermere Holdings, LLC and
Cross-Defendant omas Kinkade Attorney for Plainti
Windermere Holdings, LLC and
Cross-Defendant omas Kinkade DMCA requirements
S Permit operator to terminate service
S Do not interfere with protection of IP
S Agent to notify if infringement
File agent name at Copyright Oce
Internet Laws
Spamming
Sales
Advertising
COPPA
Terms and Conditions
Accessible from home page
Accessible by link
Methods to determine visitor assent
S Required online registration
S Required acceptance
S Prominent notice
Website Assessment Audits • 203
S Basic notice
Changes to legal notices
Applicable law and venue
Arbitration clause
Data Security and Privacy
Privacy policy?
Accessible from home page
Links to Terms and Conditions
Employees follow policy
ird-party online privacy certication
Agreement with hosting provider
Firewall
Insurance
Intellectual property infringement
Invasion of privacy
Defamation
Personally identiable information
Protected health information
Personal nancial information
Misuse of information by site
Misuse of information by employee
Additional Concerns
Record of modications to T&C
Copyright notice on site
OVERVIEW
Launching and maintaining a website requires substantial background
knowledge on the associated risks and limitations. Issues range from
evaluating the integrity of prospective domain names and ensuring the
integrity of the company’s domain name; using third-party trademarks
and linking to their protected sites; and navigating through the vast net-
work of federal and state regulations governing the practice of website
development. is chapter discusses some of the main issues to consider
in launching and maintaining a website.
204  •  A Guide to IT Contracting: Checklists, Tools, and Techniques
KEY ISSUES AND GUIDING PRINCIPLES
Evaluate Your Website
• Who is the website’s targeted audience? is audience could be ven-
dors, dealers, resellers, strategic partners, consumers, children, reg-
ulators, or search engines.
• Is the entire website accessible to all users, or is access to certain por-
tions limited to classes of users with varying user rights? Additionally,
are the website’s users generally located inside or outside the U.S.? If
outside, can the locations be identied where users outside of the
U.S. (generally) access the site? If so, what percentage of all site users
are non-U.S. users?
• Does the website process any transactions? ese may include credit
applications, sale of goods, and user registrations.
• Are any products or services sold or made available on the website?
If so, they should be identied. Products or services may include
tangible products, insurance, securities, information, and nancial
services.
• Does the website use any forms? If so, how does it use forms? Uses of
forms could include product ordering, collection of personal infor-
mation, etc.
• Does the website enter data into or access a database? If so, does the
website owner have the proper licenses to use such database, includ-
ing tables, table denitions, entry forms, report engines, etc.? Know
the location of the database and compile a list of who has access to
the database if it is shared.
Domain Names
• Proper registration (whois.net).e domain owner should conrm
that the registration information is accurate, and should promptly
make any changes if any of the information is not accurate at pres-
ent or in the future. Additionally, the owner should conrm that the
proper entity is listed as the owner of the domain name.
• Trademark due diligence (USPTO.com). Actions for trademark
infringement are the primary source of litigation involving web-
sites. As such, any use of a third-party’s marks should be carefully

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